Defense Federal Acquisition Regulation Supplement: Shipping Instructions (DFARS Case 2011-D052), 39140-39141 [2012-15568]
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39140
Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations
DEPARTMENT OF DEFENSE
rule is not a major rule under 5 U.S.C.
804.
Defense Acquisition Regulations
System
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
III. Regulatory Flexibility Act
■
48 CFR Parts 212, 242, 247, and 252
RIN 0750–AH53
Defense Federal Acquisition
Regulation Supplement: Shipping
Instructions (DFARS Case 2011–D052)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update the form used by
contractors to request shipping
instructions and the associated contract
clause and clause prescription to cover
both commercial and Government bills
of lading, and to relocate the coverage
within the DFARS.
DATES: Effective Date: June 29, 2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, Procurement
Analyst, telephone 571–372–6098.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 77 FR 4637 on
January 30, 2012, to relocate
information from DFARS subpart 242.14
to DFARS part 247 to align with changes
to the Federal Acquisition Regulation
and to update DD Form 1659,
Application for U.S. Government
Shipping Documentation/Instructions,
to provide for use of both commercial
and Government bills of lading. No
respondents submitted public
comments in response to the proposed
rule.
sroberts on DSK5SPTVN1PROD with RULES
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
VerDate Mar<15>2010
18:24 Jun 28, 2012
Jkt 226001
DoD certifies that this final rule will
not 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 there are no substantive
changes being made by this rule. The
rule makes only two minor changes in
terminology in the DD Form 1659 and
the associated clause at DFARS
252.247–7028 (formerly DFARS
252.242–7003) in order to clarify that
the DD Form 1659 can be used to
request a bill of lading that inputs these
shipments into the Defense
Transportation System (DTS). The
purpose of this form is to obtain
shipping instructions, a practice that
has been in effect for many years.
Requesting shipping instructions does
not impose a hardship on any entity. No
comments were received from any
entities concerning the impact of the
proposed change on small business.
IV. Paperwork Reduction Act
This rule affects the certification and
information collection requirements in
the clause at DFARS 252.247–7028
(formerly DFARS 252.242–7003),
Application for U.S. Government
Shipping Documentation/Instructions,
and the associated DD form 1659 (same
title as the clause), currently approved
under OMB Control Number 0704–0250,
titled DFARS Part 242, Contract
Administration and Audit Services, in
the amount of 276,773 hours, in
accordance with the Paperwork
Reduction Act (44 U.S.C. chapter 35).
The impact, however, is negligible,
because only minor changes in
terminology are being made. There are
no substantive changes made either to
the form or the associated clause at
DFARS 252.247–7028 (formerly
252.242–7003). No public comments
were received on the paperwork impact
in response to the proposed rule.
List of Subjects in 48 CFR Parts 212,
242, 247, and 252.
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 212, 242, and
252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 212, 242, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PO 00000
Frm 00016
Fmt 4701
Sfmt 4700
2. Amend section 212.301 by adding
paragraph (f)(iv)(P) to read as follows:
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(iv) * * *
(P) Use the clause at 252.247–7028,
Application for U.S Government
Shipping Documentation/Instructions,
as prescribed in 247.207.
*
*
*
*
*
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
Subpart 242.14—[Removed]
■
3. Remove subpart 242.14.
PART 247—TRANSPORTATION
4. The authority citation for 48 CFR
part 247 is revised to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
5. Add subpart 247.1, consisting of
section 247.101, to read as follows:
■
Subpart 247.1—General
247.101
Policies.
(h) Shipping documents covering
f.o.b. origin shipments.
(i) Procedures for the contractor to
obtain bills of lading are in the clause
at 252.247–7028, Application for U.S.
Government Shipping Documentation/
Instructions.
(ii) The term ‘‘commercial bills of
lading’’ includes the use of any
commercial form or procedure.
■ 6. Revise section 247.207 to read as
follows:
247.207 Solicitation provisions, contract
clauses, and special requirements.
(1) 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.
(2) Use the clause at 252.247–7028,
Application for U.S. Government
Shipping Documentation/Instructions,
when shipping under Bills of Lading
and Domestic Route Order under FOB
origin contracts, Export Traffic Release
regardless of FOB terms, or foreign
military sales shipments.
E:\FR\FM\29JNR3.SGM
29JNR3
Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations
Mr.
Dustin Pitsch, telephone 571–372–6090.
SUPPLEMENTARY INFORMATION:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
FOR FURTHER INFORMATION CONTACT:
252.242–7003
I. Background
DoD published a final rule (DFARS
Case 2009–D004) in the Federal
Register at 76 FR 25569 on May 5, 2011,
to implement in the DFARS the DoD
policy addressing the serious human
health and environmental risks related
to the use of hexavalent chromium.
Hexavalent chromium is a chemical that
has been used in numerous DoD
weapons systems platforms due to its
corrosion protection properties.
However, hexavalent chromium is a
known carcinogen. The final rule,
codified in a new DFARS clause
252.223–7008, minimized the use of
materials containing hexavalent
chromium in items acquired by DoD.
Shortly after the final rule was
published, DoD became aware of a
drafting oversight and the need to
correct the text of final rule to reflect
DoD’s intent that the rule should apply
to commercial items. This rule corrects
that oversight.
DoD published a proposed rule in the
Federal Register at 76 FR 71926 on
November 21, 2011, to clarify the
applicability to commercial items of
DoD policies relating to the use of
materials containing hexavalent
chromium. One respondent submitted a
public comment in response to the
proposed rule.
[Removed and Reserved]
7. Remove and reserve section
252.242–7003.
■ 8. Add section 252.247–7028 to read
as follows:
■
252.247–7028 Application for U.S.
Government Shipping Documentation/
Instructions.
As prescribed in 247.207, use the
following clause:
APPLICATION FOR U.S. GOVERNMENT
SHIPPING DOCUMENTATION/
INSTRUCTIONS (JUN 2012)
(a) Except as provided in paragraph (b) of
this clause, the Contractor shall request bills
of lading by submitting a DD Form 1659,
Application for U.S. Government Shipping
Documentation/Instructions, to the—
(1) Transportation Officer, if named in the
contract schedule; or
(2) Contract administration office.
(b) If an automated system is available for
shipment requests, use service/agency
systems (e.g., Navy’s Global Freight
Management–Electronic Transportation
Acquisition (GFM–ETA) and Financial Air
Clearance Transportation System (FACTS)
Shipment Processing Module, Air Force’s
Cargo Movement Operations System,
DCMA’s Shipment Instruction Request (SIR)
E-tool, and DLA’s Distribution Standard
System Vendor Shipment Module in lieu of
DD Form 1659.
(End of clause)
[FR Doc. 2012–15568 Filed 6–28–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 244, and 252
RIN 0750–AH39
Defense Federal Acquisition
Regulation Supplement: Applicability
of Hexavalent Chromium Policy to
Commercial Items (DFARS Case 2011–
D047)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to clarify the applicability to
commercial items of DoD policies
relating to the use of material containing
hexavalent chromium.
DATES: Effective Date: June 29, 2012.
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
18:24 Jun 28, 2012
Jkt 226001
II. Discussion and Analysis of the
Public Comments
DoD reviewed the public comment in
the development of the final rule, which
is discussed as follows.
Comment: The respondent stated that
requiring different standards for
chromated defense products than are
required of commercial products
imposes a significant cost related to the
need for additional training and wastes
already limited factory space. The
respondent also stated that bringing
defense product finishes into line with
commercial finishes without sacrificing
performance and maintaining a single
process should improve production,
efficiency, and quality.
Response: This comment is out of
scope as the rule does not modify the
DoD policy relating to the use of
hexavalent chromium, it only clarifies
the applicability of the previously
published final rule. As such, the
respondent’s concerns are misplaced
because this rule does not create any
new requirements for commercial
products; it simply makes clear the
scope of applicability of DFARS clause
252.223–7008.
PO 00000
Frm 00017
Fmt 4701
Sfmt 4700
39141
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
DoD certifies that this final rule will
not 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 this rule is just correcting a
drafting oversight in rule 2009–D004
published on May 5, 2011 (76 FR
25569).
V. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 212,
244, and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 212, 244, and
252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 212, 244, and 252 continue to read
as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
2. Amend section 212.301 by—
a. Redesignating paragraphs (f)(iv)(G)
through (P) as paragraphs (f)(iv)(H)
through (Q); and
■ b. Adding new paragraph (f)(iv)(G) to
read as follows:
■
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
E:\FR\FM\29JNR3.SGM
29JNR3
]]>Agencies
[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Rules and Regulations]
[Pages 39140-39141]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15568]
[[Page 39140]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 242, 247, and 252
RIN 0750-AH53
Defense Federal Acquisition Regulation Supplement: Shipping
Instructions (DFARS Case 2011-D052)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update the form used by
contractors to request shipping instructions and the associated
contract clause and clause prescription to cover both commercial and
Government bills of lading, and to relocate the coverage within the
DFARS.
DATES: Effective Date: June 29, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Procurement
Analyst, telephone 571-372-6098.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 77 FR 4637
on January 30, 2012, to relocate information from DFARS subpart 242.14
to DFARS part 247 to align with changes to the Federal Acquisition
Regulation and to update DD Form 1659, Application for U.S. Government
Shipping Documentation/Instructions, to provide for use of both
commercial and Government bills of lading. No respondents submitted
public comments in response to the proposed rule.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
III. Regulatory Flexibility Act
DoD certifies that this final rule will not 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 there are no substantive changes being made by this rule. The
rule makes only two minor changes in terminology in the DD Form 1659
and the associated clause at DFARS 252.247-7028 (formerly DFARS
252.242-7003) in order to clarify that the DD Form 1659 can be used to
request a bill of lading that inputs these shipments into the Defense
Transportation System (DTS). The purpose of this form is to obtain
shipping instructions, a practice that has been in effect for many
years. Requesting shipping instructions does not impose a hardship on
any entity. No comments were received from any entities concerning the
impact of the proposed change on small business.
IV. Paperwork Reduction Act
This rule affects the certification and information collection
requirements in the clause at DFARS 252.247-7028 (formerly DFARS
252.242-7003), Application for U.S. Government Shipping Documentation/
Instructions, and the associated DD form 1659 (same title as the
clause), currently approved under OMB Control Number 0704-0250, titled
DFARS Part 242, Contract Administration and Audit Services, in the
amount of 276,773 hours, in accordance with the Paperwork Reduction Act
(44 U.S.C. chapter 35). The impact, however, is negligible, because
only minor changes in terminology are being made. There are no
substantive changes made either to the form or the associated clause at
DFARS 252.247-7028 (formerly 252.242-7003). No public comments were
received on the paperwork impact in response to the proposed rule.
List of Subjects in 48 CFR Parts 212, 242, 247, and 252.
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212, 242, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 212, 242, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
2. Amend section 212.301 by adding paragraph (f)(iv)(P) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(iv) * * *
(P) Use the clause at 252.247-7028, Application for U.S Government
Shipping Documentation/Instructions, as prescribed in 247.207.
* * * * *
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
Subpart 242.14--[Removed]
0
3. Remove subpart 242.14.
PART 247--TRANSPORTATION
0
4. The authority citation for 48 CFR part 247 is revised to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
5. Add subpart 247.1, consisting of section 247.101, to read as
follows:
Subpart 247.1--General
247.101 Policies.
(h) Shipping documents covering f.o.b. origin shipments.
(i) Procedures for the contractor to obtain bills of lading are in
the clause at 252.247-7028, Application for U.S. Government Shipping
Documentation/Instructions.
(ii) The term ``commercial bills of lading'' includes the use of
any commercial form or procedure.
0
6. Revise section 247.207 to read as follows:
247.207 Solicitation provisions, contract clauses, and special
requirements.
(1) 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.
(2) Use the clause at 252.247-7028, Application for U.S. Government
Shipping Documentation/Instructions, when shipping under Bills of
Lading and Domestic Route Order under FOB origin contracts, Export
Traffic Release regardless of FOB terms, or foreign military sales
shipments.
[[Page 39141]]
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.242-7003 [Removed and Reserved]
0
7. Remove and reserve section 252.242-7003.
0
8. Add section 252.247-7028 to read as follows:
252.247-7028 Application for U.S. Government Shipping Documentation/
Instructions.
As prescribed in 247.207, use the following clause:
APPLICATION FOR U.S. GOVERNMENT SHIPPING DOCUMENTATION/INSTRUCTIONS
(JUN 2012)
(a) Except as provided in paragraph (b) of this clause, the
Contractor shall request bills of lading by submitting a DD Form
1659, Application for U.S. Government Shipping Documentation/
Instructions, to the--
(1) Transportation Officer, if named in the contract schedule;
or
(2) Contract administration office.
(b) If an automated system is available for shipment requests,
use service/agency systems (e.g., Navy's Global Freight Management-
Electronic Transportation Acquisition (GFM-ETA) and Financial Air
Clearance Transportation System (FACTS) Shipment Processing Module,
Air Force's Cargo Movement Operations System, DCMA's Shipment
Instruction Request (SIR) E-tool, and DLA's Distribution Standard
System Vendor Shipment Module in lieu of DD Form 1659.
(End of clause)
[FR Doc. 2012-15568 Filed 6-28-12; 8:45 am]
BILLING CODE 5001-06-P
