Defense Federal Acquisition Regulation Supplement; Defense Cargo Riding Gang Members (DFARS Case 2007-D002), 65437-65439 [2010-26721]
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Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations
authorizes preexisting requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). For the same reason,
this action also does not significantly or
uniquely affect the communities of
Tribal governments, as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not
have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), the EPA grants
a State’s application for authorization as
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for the
EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
VerDate Mar<15>2010
14:06 Oct 22, 2010
Jkt 223001
and Avoidance of Unanticipated
Takings’’ issued under the Executive
Order. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). The
Congressional Review Act, 5 U.S.C. 801
et seq., as added by the Small Business
Regulatory Enforcement Fairness Act of
1996, generally provides that before may
take effect, the agency promulgating the
rule a rule must submit a report, which
includes a copy of the rule, to each
House of the Congress and to the
Comptroller General of the United
States. The EPA will submit a report
containing this document and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This action
will be effective December 27, 2010.
65437
[FR Doc. 2010–26962 Filed 10–22–10; 8:45 am]
Acquisition Regulation Supplement
(DFARS) to implement section 3504 of
the National Defense Authorization Act
for Fiscal Year 2009. Section 3504
addresses requirements that apply to
riding gang members and DoDexempted individuals who perform
work on U.S.-flag vessels under DoD
contracts for transportation services.
Section 3504 amended section 1018 of
the National Defense Authorization Act
for Fiscal Year 2007.
DATES: Effective date: October 25, 2010.
Comment date: Comments on this
interim rule should be submitted in
writing to the address shown below on
or before December 27, 2010 to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2007–D002,
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 2007–D002 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Mary
Overstreet, OUSD (AT&L) DPAP/DARS,
3060 Defense Pentagon, Room 3B855,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
To confirm receipt of your
comment(s), please check https://
www.regulations.gov approximately two
to three days after submission to verify
posting (except allow 30 days for
posting of comments submitted by
mail).
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: October 12, 2010.
Al Armendariz,
Regional Administrator, Region 6.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 247, and 252
RIN 0750–AG81
Defense Federal Acquisition
Regulation Supplement; Defense
Cargo Riding Gang Members (DFARS
Case 2007–D002)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
DoD is issuing an interim rule
to amend the Defense Federal
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
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 2007–D002.
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule implements section
3504 of the National Defense
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417). Section 3504
amended section 1018 of the National
Defense Authorization Act for Fiscal
Year 2007 (Pub. L. 109–364).
Section 3504 addresses requirements
that apply to riding gang members and
DoD-exempted individuals who perform
work on U.S.-flag vessels under DoD
contracts for transportation services
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65438
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations
documented under chapter 121, title 46
U.S.C. Such riding gang members must
hold a U.S. Merchant Mariner’s
Document issued under 46 U.S.C.,
chapter 73, or a transportation security
card issued under section 70105 of such
title. Section 3504 also permits
exemptions for certain individuals,
provided a background check of the
individual is conducted.
U.S. law requires crews of
predominantly U.S. citizens aboard
U.S.-flag vessels. For many years,
foreign nationals have been utilized on
U.S.-flag vessels as members of ‘‘riding
gangs’’ who perform work beyond
standard vessel maintenance and repair
while ships are underway. In 2006,
Congress prohibited the use of such
foreign riding personnel on board
vessels that are under contract with the
DoD unless the DoD complied with
certain limitations. (The Coast Guard
and Maritime Transportation Act of
2006, Pub. L. 109–241.) The exceptions
provided to DoD in 2006 did not match
those applicable to other U.S.-flag
vessels. The Defense Authorization Act
of FY 2009 made it clear that the
exceptions available to DoD are
complete exemptions both from the
DoD-specific riding gang limitations and
those generally applicable to U.S.-flag
vessels.
Contracting officers are encouraged to
apply this rule to the maximum extent
practicable to existing contracts,
consistent with FAR 1.108(d).
WReier-Aviles on DSKJ8SOYB1PROD with RULES
II. Executive Order 12866
This rule was subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993. This is not a major
rule under 5 U.S.C. 804.
III. 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 provide
authorization, restrictions, and
exemptions for the use of riding gang
members on U.S.-flag vessels under
charter or contract to DoD for the
carriage of DoD cargo. The requirements
of the rule will apply to entities
interested in receiving DoD contracts for
carriage of DoD cargo.
The rule requires the contractor to
ensure each riding gang member holds
a valid U.S. Merchant Mariner’s
Document issued under 46 U.S.C.
chapter 73, or a transportation security
card issued under section 70105 of such
title. Any individual who is exempt
VerDate Mar<15>2010
14:06 Oct 22, 2010
Jkt 223001
from these requirements must pass a
DoD background check before going
aboard the vessel. With regard to these
exempt individuals, the contractor shall
submit the name and other necessary
identifying information for a
background check to the approving
official specified in the contract.
DoD invites comments from small
businesses and other interested parties
on the impact of this rule on small
entities. DoD also will consider
comments from small entities
concerning the affected DFARS subparts
in accordance with 5 U.S.C. 610.
Interested parties must submit such
comments separately and should cite
5 U.S.C. 610 (DFARS Case 2007–D002)
in correspondence.
IV. 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.
V. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
(DoD) that urgent and compelling
reasons exist to promulgate this interim
rule without prior opportunity for
public comments. This action is
necessary to ensure contracts are
compliant with section 3504 of the DoD
Appropriations Act for Fiscal Year 2009
(Pub. L. 110–417), which requires
contractors to ensure that each riding
gang member holds a valid U.S.
Merchant Mariner’s Document issued
under 46 U.S.C. chapter 73, or a
transportation security card issued
under section 70105 of such title.
Implementing language must be
published as quickly as possible to
ensure that screening and security
requirements are met for riding gang
members who perform work on U.S.-flag
vessels under DoD contracts for
transportation services documented
under chapter 121, title 46 U.S.C.
Pursuant to 41 U.S.C. 418b, DoD will
consider public comments received in
response to this interim rule in the
formation of the final rule.
List of Subjects in 48 CFR Parts 212,
247, and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 212, 247, and
252 are amended as follows:
■
PO 00000
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Fmt 4700
Sfmt 4700
1. The authority citation for 48 CFR
parts 212, 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
2. Section 212.301 is amended by
adding paragraph (f)(xv) to read as
follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(xv) Use the clause at 252.247–7027,
Riding Gang Member Requirements, as
prescribed in 247.574(f).
PART 247—TRANSPORTATION
3. 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
cargo owned by, or destined for use by,
DoD;
(2) Section 1017 of the National
Defense Authorization Act for Fiscal
Year 2007 (Pub. L. 109–364), which
requires consideration, in solicitations
requiring a covered vessel, of the extent
to which offerors have had overhaul,
repair, and maintenance work
performed in shipyards located in the
United States or Guam; and
(3) Section 3504 of the National
Defense Authorization Act for Fiscal
Year 2009 (Pub. L. 110–417), which
addresses requirements that apply to
riding gang members and DoDexempted individuals (see 252.247–
7027(c)) who perform work on U.S.-flag
vessels under DoD contracts for
transportation services documented
under chapter 121, title 46 U.S.C.
*
*
*
*
*
■ 4. Section 247.572 is amended by
adding paragraph (e) to read as follows:
247.572
Policy.
*
*
*
*
*
(e) In accordance with section 3504 of
the National Defense Authorization Act
for Fiscal Year 2009 (Pub. L. 110–417),
DoD may not award, renew or extend,
or exercise an option under a charter of,
or contract for carriage of cargo by, a
U.S.-flag vessel documented under
chapter 121 of title 46 U.S.C., unless the
contract contains the clause at 252.247–
7027.
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25OCR1
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations
5. Section 247.574 is amended by
adding paragraph (f) to read as follows:
■
*
*
*
*
(f) Use the clause at 252.247–7027,
Riding Gang Member Requirements, in
solicitations and contracts for the
charter of, or contract for carriage of
cargo by, a U.S.-flag vessel documented
under chapter 121 of title 46 U.S.C.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
6. Section 252.247–7027 is added to
read as follows:
■
252.247–7027 Riding gang member
requirements.
WReier-Aviles on DSKJ8SOYB1PROD with RULES
As prescribed in 247.574(f), use the
following clause:
[FR Doc. 2010–26721 Filed 10–22–10; 8:45 am]
BILLING CODE 5001–08–P
247.574 Solicitation provisions and
contract clauses.
*
(End of clause)
14:06 Oct 22, 2010
Jkt 223001
facsimile(703)602–0350. Please cite
DFARS Case 2009–D002.
SUPPLEMENTARY INFORMATION:
A. Background
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 219 and 252
[DFARS Case 2009–D002]
Defense Federal Acquisition
Regulation Supplement; Electronic
Subcontracting Reporting System
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
This interim rule amends the
Defense Acquisition Regulation
RIDING GANG MEMBER REQUIREMENTS
Supplement (DFARS) to conform to the
(OCT 2010)
Federal Acquisition Regulation (FAR)
(a) Definition. Riding gang member, as used by providing Department of Defense
in this clause, has the same definition as
(DoD)-specific policy and procedures
‘‘riding gang member’’ in title 46 U.S.C. 2101.
related to the Electronic Subcontracting
(b) Requirements relating to riding gang
Reporting System (eSRS). The FAR has
members. Notwithstanding 46 U.S.C. 8106,
been revised to reflect use of the eSRS,
the Contractor shall ensure each riding gang
member holds a valid U.S. Merchant
rather than Standard Form 294—
Mariner’s Document issued under 46 U.S.C.
Subcontract Report for Individual
chapter 73, or a transportation security card
Contracts, and Standard Form 295—
issued under section 70105 of such title.
Summary Subcontract Report, for
(c) Exemption.
submission of small business
(1) An individual is exempt from the
subcontract reports.
requirements of paragraph (b) of this clause
and shall not be treated as a riding gang
DATES: Effective date: October 25, 2010.
member for the purposes of section 8106 of
Comment date: Comments on the
title 46, if that individual is on a vessel for
interim rule should be submitted in
purposes other than engaging in the
writing to the address shown below on
operation or maintenance of the vessel and
or before December 27, 2010, to be
is—
(i) One of the personnel who accompanies, considered in the formation of the final
rule.
supervises, guards, or maintains unit
equipment aboard a ship, commonly referred ADDRESSES: You may submit comments,
to as supercargo personnel;
identified by DFARS Case 2009–D002,
(ii) One of the force protection personnel
using any of the following methods:
of the vessel;
Æ Federal eRulemaking Portal: https://
(iii) A specialized repair technician; or
www.regulations.gov. Follow the
(iv) An individual who is otherwise
instructions for submitting comments.
required by the Secretary of Defense or
Æ E-mail: dfars@osd.mil. Include
designee to be aboard the vessel.
DFARS Case 2009–D002 in the subject
(2) Any individual who is exempt under
line of the message.
paragraph (c)(1) of this clause must pass a
DoD background check before going aboard
Æ Fax: 703–602–0350.
the vessel. With regard to these exempt
Æ Mail: Defense Acquisition
individuals, the Contractor shall submit the
Regulations System, Attn: Ms.
name and other necessary identifying
Cassandra R. Freeman, OUSD (AT&L)
information for a background check to the
DPAP (DARS), 3060 Defense Pentagon,
approving official specified in the contract.
Room 3B855, Washington, DC 20301–
The head of the contracting activity may
3060.
waive this requirement if the individual
All comments received will be posted
possesses a valid U.S. Merchant Mariner’s
Document issued under 46 U.S.C., chapter
to https://www.regulations.gov.
73, or a transportation security card issued
FOR FURTHER INFORMATION CONTACT: Ms.
under section 70105 of such title.
Cassandra R. Freeman, Defense
(3) An individual exempted under
Acquisition Regulations System, OUSD
paragraph (c)(1) of this clause is not treated
(AT&L) DPAP (DARS), 3060 Defense
as a riding gang member and shall not be
Pentagon, Room 3B855, Washington, DC
counted as an individual in addition to the
20301–3060, Telephone 703–602–8383;
crew for the purposes of 46 U.S.C. 3304.
VerDate Mar<15>2010
65439
SUMMARY:
PO 00000
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Fmt 4700
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This DFARS case is the companion
case to FAR Case 2005–040 Electronic
Subcontracting Reporting System. This
DFARS interim rule amends sections
219.708 and 252.219 to provide DoDspecific procedures and policies related
to DoD’s implementation of eSRS.
B. Regulatory Flexibility Act
DoD does not expect this 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.,
because small businesses are not
required to have subcontracting plans
and, therefore, are not required to use
eSRS to submit reports on their progress
in achieving the goals in those plans.
Therefore, DoD has not performed an
initial regulatory flexibility analysis.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite
5 U.S.C. 610 DFARS Case 2009–D002 in
correspondence.
C. Paperwork Reduction Act
This interim 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. This rule
provides DoD instructions on how to
submit reports that are already required
by the FAR and are covered under
Office of Management and Budget
Clearance Numbers 9000–0006 and
9000–0007.
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. The FAR already requires the
use of eSRS for submission of
subcontracting reports. This interim rule
provides to DoD contractors the DoDspecific policies and procedures that
they must follow in order to be able to
submit subcontract reports using eSRS,
as required by the FAR.
E:\FR\FM\25OCR1.SGM
25OCR1
]]>Agencies
[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Rules and Regulations]
[Pages 65437-65439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26721]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 247, and 252
RIN 0750-AG81
Defense Federal Acquisition Regulation Supplement; Defense Cargo
Riding Gang Members (DFARS Case 2007-D002)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing an interim rule to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement section 3504 of
the National Defense Authorization Act for Fiscal Year 2009. Section
3504 addresses requirements that apply to riding gang members and DoD-
exempted individuals who perform work on U.S.-flag vessels under DoD
contracts for transportation services. Section 3504 amended section
1018 of the National Defense Authorization Act for Fiscal Year 2007.
DATES: Effective date: October 25, 2010.
Comment date: Comments on this interim rule should be submitted in
writing to the address shown below on or before December 27, 2010 to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2007-D002,
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 2007-D002 in the
subject line of the message.
[cir] Fax: 703-602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Mary
Overstreet, OUSD (AT&L) DPAP/DARS, 3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided.
To confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission to
verify posting (except allow 30 days for posting of comments submitted
by mail).
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 2007-D002.
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule implements section 3504 of the National Defense
Authorization Act for Fiscal Year 2009 (Pub. L. 110-417). Section 3504
amended section 1018 of the National Defense Authorization Act for
Fiscal Year 2007 (Pub. L. 109-364).
Section 3504 addresses requirements that apply to riding gang
members and DoD-exempted individuals who perform work on U.S.-flag
vessels under DoD contracts for transportation services
[[Page 65438]]
documented under chapter 121, title 46 U.S.C. Such riding gang members
must hold a U.S. Merchant Mariner's Document issued under 46 U.S.C.,
chapter 73, or a transportation security card issued under section
70105 of such title. Section 3504 also permits exemptions for certain
individuals, provided a background check of the individual is
conducted.
U.S. law requires crews of predominantly U.S. citizens aboard U.S.-
flag vessels. For many years, foreign nationals have been utilized on
U.S.-flag vessels as members of ``riding gangs'' who perform work
beyond standard vessel maintenance and repair while ships are underway.
In 2006, Congress prohibited the use of such foreign riding personnel
on board vessels that are under contract with the DoD unless the DoD
complied with certain limitations. (The Coast Guard and Maritime
Transportation Act of 2006, Pub. L. 109-241.) The exceptions provided
to DoD in 2006 did not match those applicable to other U.S.-flag
vessels. The Defense Authorization Act of FY 2009 made it clear that
the exceptions available to DoD are complete exemptions both from the
DoD-specific riding gang limitations and those generally applicable to
U.S.-flag vessels.
Contracting officers are encouraged to apply this rule to the
maximum extent practicable to existing contracts, consistent with FAR
1.108(d).
II. Executive Order 12866
This rule was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993. This is not a
major rule under 5 U.S.C. 804.
III. 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 provide authorization,
restrictions, and exemptions for the use of riding gang members on
U.S.-flag vessels under charter or contract to DoD for the carriage of
DoD cargo. The requirements of the rule will apply to entities
interested in receiving DoD contracts for carriage of DoD cargo.
The rule requires the contractor to ensure each riding gang member
holds a valid U.S. Merchant Mariner's Document issued under 46 U.S.C.
chapter 73, or a transportation security card issued under section
70105 of such title. Any individual who is exempt from these
requirements must pass a DoD background check before going aboard the
vessel. With regard to these exempt individuals, the contractor shall
submit the name and other necessary identifying information for a
background check to the approving official specified in the contract.
DoD invites comments from small businesses and other interested
parties on the impact of this rule on small entities. DoD also will
consider comments from small entities concerning the affected DFARS
subparts in accordance with 5 U.S.C. 610. Interested parties must
submit such comments separately and should cite 5 U.S.C. 610 (DFARS
Case 2007-D002) in correspondence.
IV. 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.
V. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD) that urgent and compelling reasons exist to promulgate
this interim rule without prior opportunity for public comments. This
action is necessary to ensure contracts are compliant with section 3504
of the DoD Appropriations Act for Fiscal Year 2009 (Pub. L. 110-417),
which requires contractors to ensure that each riding gang member holds
a valid U.S. Merchant Mariner's Document issued under 46 U.S.C. chapter
73, or a transportation security card issued under section 70105 of
such title. Implementing language must be published as quickly as
possible to ensure that screening and security requirements are met for
riding gang members who perform work on U.S.-flag vessels under DoD
contracts for transportation services documented under chapter 121,
title 46 U.S.C. Pursuant to 41 U.S.C. 418b, DoD will consider public
comments received in response to this interim rule in the formation of
the final rule.
List of Subjects in 48 CFR Parts 212, 247, and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 212, 247, and 252 are amended as follows:
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1. The authority citation for 48 CFR parts 212, 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)(xv) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(xv) Use the clause at 252.247-7027, Riding Gang Member
Requirements, as prescribed in 247.574(f).
PART 247--TRANSPORTATION
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3. 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 cargo owned by, or
destined for use by, DoD;
(2) Section 1017 of the National Defense Authorization Act for
Fiscal Year 2007 (Pub. L. 109-364), which requires consideration, in
solicitations requiring a covered vessel, of the extent to which
offerors have had overhaul, repair, and maintenance work performed in
shipyards located in the United States or Guam; and
(3) Section 3504 of the National Defense Authorization Act for
Fiscal Year 2009 (Pub. L. 110-417), which addresses requirements that
apply to riding gang members and DoD-exempted individuals (see 252.247-
7027(c)) who perform work on U.S.-flag vessels under DoD contracts for
transportation services documented under chapter 121, title 46 U.S.C.
* * * * *
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4. Section 247.572 is amended by adding paragraph (e) to read as
follows:
247.572 Policy.
* * * * *
(e) In accordance with section 3504 of the National Defense
Authorization Act for Fiscal Year 2009 (Pub. L. 110-417), DoD may not
award, renew or extend, or exercise an option under a charter of, or
contract for carriage of cargo by, a U.S.-flag vessel documented under
chapter 121 of title 46 U.S.C., unless the contract contains the clause
at 252.247-7027.
[[Page 65439]]
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5. Section 247.574 is amended by adding paragraph (f) to read as
follows:
247.574 Solicitation provisions and contract clauses.
* * * * *
(f) Use the clause at 252.247-7027, Riding Gang Member
Requirements, in solicitations and contracts for the charter of, or
contract for carriage of cargo by, a U.S.-flag vessel documented under
chapter 121 of title 46 U.S.C.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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6. Section 252.247-7027 is added to read as follows:
252.247-7027 Riding gang member requirements.
As prescribed in 247.574(f), use the following clause:
RIDING GANG MEMBER REQUIREMENTS (OCT 2010)
(a) Definition. Riding gang member, as used in this clause, has
the same definition as ``riding gang member'' in title 46 U.S.C.
2101.
(b) Requirements relating to riding gang members.
Notwithstanding 46 U.S.C. 8106, the Contractor shall ensure each
riding gang member holds a valid U.S. Merchant Mariner's Document
issued under 46 U.S.C. chapter 73, or a transportation security card
issued under section 70105 of such title.
(c) Exemption.
(1) An individual is exempt from the requirements of paragraph
(b) of this clause and shall not be treated as a riding gang member
for the purposes of section 8106 of title 46, if that individual is
on a vessel for purposes other than engaging in the operation or
maintenance of the vessel and is--
(i) One of the personnel who accompanies, supervises, guards, or
maintains unit equipment aboard a ship, commonly referred to as
supercargo personnel;
(ii) One of the force protection personnel of the vessel;
(iii) A specialized repair technician; or
(iv) An individual who is otherwise required by the Secretary of
Defense or designee to be aboard the vessel.
(2) Any individual who is exempt under paragraph (c)(1) of this
clause must pass a DoD background check before going aboard the
vessel. With regard to these exempt individuals, the Contractor
shall submit the name and other necessary identifying information
for a background check to the approving official specified in the
contract. The head of the contracting activity may waive this
requirement if the individual possesses a valid U.S. Merchant
Mariner's Document issued under 46 U.S.C., chapter 73, or a
transportation security card issued under section 70105 of such
title.
(3) An individual exempted under paragraph (c)(1) of this clause
is not treated as a riding gang member and shall not be counted as
an individual in addition to the crew for the purposes of 46 U.S.C.
3304.
(End of clause)
[FR Doc. 2010-26721 Filed 10-22-10; 8:45 am]
BILLING CODE 5001-08-P
