Defense Federal Acquisition Regulation Supplement: Modification of Notification of Intent To Transport Supplies by Sea (DFARS Case 2020-D026), 20924-20927 [2024-06004]
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Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Proposed Rules
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Hydrogen fluoride ...................................
7664–39–3
§ 716.21(a)(11) applies; § 716.20(a)(9)
does not apply.
793–24–8
§ 716.21(a)(11) applies; § 716.20(a)(9)
does not apply.
2754428–18–5
§ 716.21(a)(11) applies; § 716.20(a)(9)
does not apply.
N-(1,3-Dimethylbutyl)-N′-phenyl-pphenylenediamine (6PPD).
2-anilino-5-[(4-methylpentan-2-yl)
amino]cyclohexa-2,5-diene-1,4-dione
(6PPD-quinone).
www.regulations.gov, approximately
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verify posting.
FOR FURTHER INFORMATION CONTACT:
David Johnson, telephone 202–913–
5764.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2024–06303 Filed 3–25–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204, 212, 247, and 252
[Docket DARS–2024–0007]
RIN 0750–AL12
Defense Federal Acquisition
Regulation Supplement: Modification
of Notification of Intent To Transport
Supplies by Sea (DFARS Case 2020–
D026)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
remove a DFARS solicitation provision
and modify the text of an existing
DFARS contract clause to include the
operative text of that DFARS provision.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before May
28, 2024, to be considered in the
formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2020–D026,
using either of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Search for
DFARS Case 2020–D026. Select
‘‘Comment’’ and follow the instructions
to submit a comment. Please include
‘‘DFARS Case 2020–D026’’ on any
attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2020–D026 in the subject
line of the message.
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://
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
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Special exemptions
I. Background
DoD is proposing to revise the DFARS
to remove the solicitation provision at
DFARS 252.247–7022, Representation of
Extent of Transportation By Sea, and to
revise the contract clause at DFARS
252.247–7023, Transportation of
Supplies by Sea, accordingly, to effect
the purpose of the provision using only
the clause. This change will streamline
instructions to contractors regarding
required notifications to the
Government of transportation of
supplies by sea.
II. Discussion and Analysis
Currently, DFARS provision 252.247–
7022 and DFARS clause 252.247–7023
are included in all solicitations with an
anticipated value greater than the
simplified acquisition threshold, except
solicitations for direct purchase of ocean
transportation services. The provision
requires the offeror to represent whether
supplies will or will not be transported
by sea in performance of the contract or
any subcontract. The clause notifies
offerors of their responsibilities when
transporting supplies by sea, which
include the use of U.S. flag vessels,
unless certain situations apply; the
submission of a certification with a final
invoice; and submission of bills of
lading to the contracting officer and to
the U.S. Department of Transportation
Maritime Administration (MARAD).
The provision’s notification
requirement was intended to aid
acquisition personnel in carrying out
their responsibilities under the clause.
By effecting the notification via a
solicitation provision, a representation
is required from all offerors rather than
just the awardee. Given the offeror’s
representation has no bearing on its
eligibility or selection for award, the
notification is better suited to be a
requirement in the clause, where only
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Effective date
Sunset date
[TBD 30 DAYS
AFTER DATE OF
FINAL RULE].
[TBD 30 DAYS
AFTER DATE OF
FINAL RULE].
[TBD 30 DAYS
AFTER DATE OF
FINAL RULE].
[TBD 90 DAYS
AFTER DATE OF
FINAL RULE].
[TBD 90 DAYS
AFTER DATE OF
FINAL RULE].
[TBD 90 DAYS
AFTER DATE OF
FINAL RULE].
the awardee must notify the contracting
officer, as well as MARAD, only if
transportation of supplies by sea will
occur. Including MARAD on the
notification provides all impacted
parties with situational awareness and
an ability to be proactive in ensuring
compliance with the clause
requirements.
Given that DFARS clause 252.247–
7023 is included in nearly all contracts,
and DFARS provision 252.247–7022 is
associated with the requirements of
252.247–7023, the text of the clause and
provision can be combined. The result
reduces the number of provisions
required to be used in solicitations and
the number of representations offerors
must provide, while still maintaining
the effect of DFARS provision 252.247–
7022.
Consequent to removing DFARS
clause 252.247–7022, this rule removes
the clause prescription at DFARS
247.574(a) as well as direction at
DFARS 204.1202 and 212.301 relating to
the provision.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT), for Commercial
Products (Including Commercially
Available Off-the-Shelf (COTS) Items),
and for Commercial Services
This rule removes the provision at
DFARS 252.247–7022, along with its
prescription at DFARS 247.574(a), and
amends the clause at DFARS 252.247–
7032 accordingly to include the
substance of the provision. However,
this proposed rule does not impose any
new requirements on contracts at or
below the SAT, for commercial products
including COTS items, or for
commercial services. The clause will
continue to apply to acquisitions at or
below the SAT, to acquisitions of
commercial products including COTS
items, and to acquisitions of commercial
services.
IV. Expected Impact of the Rule
This change is expected to streamline
instructions to contractors regarding
notifications of transportation of
supplies by sea. Presently, DFARS
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Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Proposed Rules
provision 252.247–7022 is included in
nearly all solicitations and DFARS
clause 252.247–7023 is included in
nearly all contracts. By effectively
combining the provision and the clause,
this proposed rule will reduce the
number of provisions required to be
used in solicitations and the number of
representations offerors must provide,
while still maintaining the effect of
DFARS provision 252.247–7022.
Therefore, this proposed rule is
expected to reduce administrative
burden on contractors, including small
businesses.
ddrumheller on DSK120RN23PROD with PROPOSALS1
V. 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, as amended.
VI. Regulatory Flexibility Act
DoD does not expect this proposed
rule, when finalized, 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 the rule does not create any
new requirements or add to any existing
requirements for contractors. However,
an initial regulatory flexibility analysis
has been performed and is summarized
as follows:
DoD is proposing to amend the
Defense Federal Acquisition Regulation
Supplement (DFARS) to remove a
solicitation provision and accordingly to
modify the text of an existing DFARS
contract clause to include the operative
text of that DFARS provision.
The objective of this proposed rule is
to streamline the instructions to
contractors pertaining to the
transportation of supplies by sea. The
legal basis for the proposed rule is 41
U.S.C. 1303.
This proposed rule will likely affect
small entities that will be awarded
contract actions that include DFARS
clause 252.247–7023, Transportation of
Supplies by Sea. Data was obtained
from the Procurement Business
Intelligence Service for all contracts and
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modifications that include DFARS
clause 252.247–7023 for fiscal years
2020 through 2022. DoD awarded on
average 642,310 contract actions per
year that included DFARS clause
252.247–7023 to 30,680 unique entities,
of which approximately 359,315
contract awards (56 percent) were made
to 21,070 unique small entities (69
percent).
The proposed rule does not impose
any new reporting, recordkeeping, or
compliance requirements.
The proposed rule does not duplicate,
overlap, or conflict with any other
Federal rules.
There are no known significant
alternatives that would accomplish the
objectives of the proposed rule.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
proposed 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 2020–D026), in
correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) applies to this
proposed rule. However, these changes
to the DFARS do not impose additional
information collection requirements to
the paperwork burden previously
approved by the Office of Management
and Budget (OMB) under OMB Control
Number 0704–0245, entitled Defense
Federal Acquisition Regulation
Supplement (DFARS) Part 247,
Transportation and Related Clauses.
List of Subjects in 48 CFR Parts 204,
212, 247, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 204, 212, 247,
and 252 are proposed to be amended as
follows:
■ 1. The authority citation for parts 204,
212, 247, and 252 continue to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 204—ADMINISTRATIVE AND
INFORMATION MATTERS
204.1202
[Amended]
2. Amend section 204.1202 by
removing paragraph (2)(xv).
■
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20925
PART 212—ACQUISITION OF
COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
3. Amend section 212.301 by revising
paragraph (f)(xxi) to read as follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial products and commercial
services.
*
*
*
*
*
(f) * * *
(xxi) Part 247—Transportation.
(A) Use the clause at 252.247–7003,
Pass-Through of Motor Carrier Fuel
Surcharge Adjustment to the Cost
Bearer, as prescribed in 247.207, to
comply with section 884 of Public Law
110–417.
(B) Use the basic or one of the
alternates of the clause at 252.247–7023,
Transportation of Supplies by Sea, as
prescribed in 247.574(a), to comply with
the Cargo Preference Act of 1904 (10
U.S.C. 2631(a)).
(1) Use the basic clause as prescribed
in 247.574(a)(1).
(2) Use the alternate I clause as
prescribed in 247.574(a)(2).
(3) Use the alternate II clause as
prescribed in 247.574(a)(3).
(C) Use the clause 252.247–7025,
Reflagging or Repair Work, as prescribed
in 247.574(b), to comply with 10 U.S.C.
2631(b).
(D) Use the provision at 252.247–
7026, Evaluation Preference for Use of
Domestic Shipyards—Applicable to
Acquisition of Carriage by Vessel for
DoD Cargo in the Coastwise or
Noncontiguous Trade, as prescribed in
247.574(c), to comply with section 1017
of Public Law 109–364.
(E) Use the clause at 252.247–7027,
Riding Gang Member Requirements, as
prescribed in 247.574(d), to comply
with section 3504 of the National
Defense Authorization Act for Fiscal
Year 2009 (Pub. L. 110–417).
(F) Use the clause at 252.247–7028,
Application for U.S. Government
Shipping Documentation/Instructions,
as prescribed in 247.207.
PART 247—TRANSPORTATION
247.574
[Amended]
4. Amend section 247.574—
a. By removing paragraph (a);
b. By redesignating paragraphs (b)
through (e) as paragraphs (a) through
(d);
■ c. In newly redesignated paragraph (a)
introductory text, by removing ‘‘all’’;
and
■ d. In newly redesignated paragraph
(d), by removing ‘‘under chapter 121 of
title 46 U.S.C.’’ and adding ‘‘46 U.S.C.
chapter 121.’’ in its place.
■
■
■
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Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Proposed Rules
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.204–7007
[Amended]
5. Amend section 252.204–7007 by—
a. Removing the provision date of
‘‘NOV 2023’’ and adding ‘‘DATE’’ in its
place; and
■ b. Removing paragraph (d)(1)(viii).
■
■
252.247–7022
[Removed and Reserved]
6. Remove and reserve section
252.247–7022.
■ 7. Amend section 252.247–7023—
■ a. By revising the introductory text
and the clause date;
■ b. By redesignating paragraphs (b)
through (i) as paragraphs (c) through (j);
■ c. By adding a new paragraph (b);
■ d. In the newly redesignated
paragraph (e)(2) by removing ‘‘Required
shipping date’’ and adding ‘‘Required
shipping date(s) and required delivery
date(s)’’ in its place;
■ e. By revising the newly redesignated
paragraph (f) introductory text;
■ f. By revising the newly redesignated
paragraph (i);
■ g. In the newly redesignated
paragraph (j) introductory text by
removing ‘‘(b)(2)’’ and adding ‘‘(c)(2)’’ in
its place;
■ h. In the newly redesignated
paragraph (j)(1) by removing ‘‘paragraph
(i)’’ and adding ‘‘paragraph (j)’’ in its
place; and
■ i. In the newly redesignated paragraph
(j)(2) by removing ‘‘paragraphs (a)
through (e)’’ and ‘‘paragraph (i)’’ and
adding ‘‘paragraphs (a) through (f)’’ and
‘‘paragraph (j)’’ in their places,
respectively.
■ j. In Alternate I—
■ i. By revising the introductory text
and the clause date;
■ ii. By redesignating paragraphs (b)
through (i) as paragraphs (c) through (j);
■ iii. By adding a new paragraph (b);
■ iv. In the newly redesignated
paragraph (e)(2) by removing ‘‘Required
shipping date’’ and adding ‘‘Required
shipping date(s) and required delivery
date(s)’’ in its place;
■ v. By revising the newly redesignated
paragraph (f) introductory text;
■ vi. By revising the newly redesignated
paragraph (i);
■ vii. In the newly redesignated
paragraph (j) introductory text by
removing ‘‘(b)(2)’’ and adding ‘‘(c)(2)’’ in
its place;
■ viii. In the newly redesignated
paragraph (j)(1) by removing ‘‘paragraph
(i)’’ and adding ‘‘paragraph (j)’’ in its
place;
■ ix. In the newly redesignated
paragraph (j)(2) by removing
‘‘paragraphs (a) through (e)’’ and
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■
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‘‘paragraph (i)’’ and adding ‘‘paragraphs
(a) through (f)’’ and ‘‘paragraph (j) in
their places, respectively; and
■ x. By adding ‘‘(End of clause)’’ after
newly redesignated paragraph (j)(2).
■ k. In Alternate II—
■ i. By revising the introductory text
and the clause date;
■ ii. By redesignating paragraphs (b)
through (i) as paragraphs (c) through (j);
■ iii. By adding a new paragraph (b);
■ iv. In the newly redesignated
paragraph (e)(2) by removing ‘‘Required
shipping date’’ and adding ‘‘Required
shipping date(s) and required delivery
date(s)’’ in its place;
■ v. By revising the newly redesignated
paragraph (f) introductory text;
■ vi. By revising the newly redesignated
paragraph (i);
■ vii. In the newly redesignated
paragraph (j) introductory text by
removing ‘‘(b)(2)’’ and adding ‘‘(c)(2)’’ in
its place;
■ viii. In the newly redesignated
paragraph (j)(1) by removing ‘‘paragraph
(i)’’ and adding ‘‘paragraph (j)’’ in its
place;
■ ix. In the newly redesignated
paragraph (j)(2) by removing
‘‘paragraphs (a) through (e)’’ and
‘‘paragraph (i)’’ and adding ‘‘paragraphs
(a) through (f)’’ and ‘‘paragraph (j)’’ in
their places, respectively; and
■ x. By adding ‘‘(End of clause)’’ after
newly redesignated paragraph (j)(2).
The revisions and additions read as
follows:
252.247–7023
by Sea.
Transportation of Supplies
Basic. As prescribed in 247.574(a) and
(a)(1), use the following clause:
Transportation of Supplies by Sea—
Basic (Date)
*
*
*
*
*
(b) If the transportation of supplies by
sea is anticipated under this contract,
the Contractor shall—
(1) Notify the Contracting Officer and
Maritime Administration (MARAD) at
Cargo.Marad@dot.gov—
(i) Within 3 business days after
contract award; or
(ii) Immediately prior to the shipment
departure date necessary to meet
delivery schedules, whichever is earlier;
and
(2) Include in the notification—
(i) A statement of the Contractor’s
intent to transport supplies by sea;
(ii) The contract number; and
(iii) The task-order or delivery-order
number, when applicable.
*
*
*
*
*
(f) The Contractor shall, within 30
days after each shipment covered by
this clause, provide the Contracting
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Officer and MARAD at Cargo.Marad@
dot.gov, Attention: Military Team, one
copy of the rated on board vessel
operating carrier’s ocean bill of lading,
which shall contain the following
information:
*
*
*
*
*
(i) If the Contractor did not anticipate
transporting any supplies by sea at the
time of contract award and, therefore,
did not provide the notification required
by paragraph (b) of this clause, but prior
to shipment of supplies, the Contractor
learns that supplies will be transported
by sea, the Contractor shall—
(1) Provide the notification required
by paragraph (b) of this clause to the
Contracting Officer and MARAD as soon
as it is known that supplies will be
transported by sea; and
(2) Comply with all the terms and
conditions of this clause.
*
*
*
*
*
Alternate I. As prescribed in
247.574(a) and (a)(2), use the following
clause, which uses a different paragraph
(c) than the basic clause:
Transportation of Supplies by Sea—
Alternate I (Date)
*
*
*
*
*
(b) If the transportation of supplies by
sea is anticipated under this contract,
the Contractor shall—
(1) Notify the Contracting Officer and
Maritime Administration (MARAD) at
Cargo.Marad@dot.gov—
(i) Within 3 business days after
contract award; or
(ii) Immediately prior to the shipment
departure date necessary to meet
delivery schedules, whichever is earlier;
and
(2) Include in the notification—
(i) A statement of the Contractor’s
intent to transport supplies by sea;
(ii) The contract number; and
(iii) The task-order or delivery-order
number, when applicable.
*
*
*
*
*
(f) The Contractor shall, within 30
days after each shipment covered by
this clause, provide the Contracting
Officer and MARAD at Cargo.Marad@
dot.gov, Attention: Military Team, one
copy of the rated on board vessel
operating carrier’s ocean bill of lading,
which shall contain the following
information:
*
*
*
*
*
(i) If the Contractor did not anticipate
transporting any supplies by sea at the
time of contract award and, therefore,
did not provide the notification required
by paragraph (b) of this clause, but prior
to shipment of the supplies, the
Contractor learns that supplies will be
transported by sea, the Contractor
shall—
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(1) Provide the notification required
by paragraph (b) of this clause to the
Contracting Officer and MARAD as soon
as it is known that supplies will be
transported by sea; and
(2) Comply with all the terms and
conditions of this clause.
*
*
*
*
*
Alternate II. As prescribed in
247.574(a) and (a)(3), use the following
clause, which uses a different paragraph
(c) than the basic clause:
Transportation of Supplies by Sea—
Alternate II (date)
ddrumheller on DSK120RN23PROD with PROPOSALS1
*
*
*
*
*
(b) If the transportation of supplies by
sea is anticipated under this contract,
the Contractor shall—
(1) Notify the Contracting Officer and
Maritime Administration (MARAD) at
Cargo.Marad@dot.gov—
(i) Within 3 business days after
contract award; or
(ii) Immediately prior to the shipment
departure date necessary to meet
delivery schedules, whichever is earlier;
and
(2) Include in the notification—
(i) A statement of the Contractor’s
intent to transport supplies by sea;
(ii) The contract number; and
(iii) The task-order or delivery-order
number, when applicable.
*
*
*
*
*
(f) The Contractor shall, within 30
days after each shipment covered by
this clause, provide the Contracting
Officer and MARAD at Cargo.Marad@
dot.gov, Attention: Military Team, one
copy of the rated on board vessel
operating carrier’s ocean bill of lading,
which shall contain the following
information:
*
*
*
*
*
(i) If the Contractor did not anticipate
transporting any supplies by sea at the
time of contract award, and, therefore,
did not provide the notification required
by paragraph (b) of this clause, but prior
to shipment of the supplies, the
Contractor learns after the award of the
contract that supplies will be
transported by sea, the Contractor
shall—
(1) Provide the notification required
by paragraph (b) of this clause to the
Contracting Officer and MARAD as soon
as it is known that supplies will be
transported by sea; and
(2) Comply with all the terms and
conditions of this clause.
*
*
*
*
*
■ 8. Amend section 252.247–7025—
■ a. By revising the section heading; and
■ b. In the introductory text by
removing ‘‘247.574(c)’’ and adding
‘‘247.574(b)’’ in its place.
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The revision reads as follows:
252.247–7025
*
*
Reflagging or Repair Work.
*
*
252.247–7026
*
20927
49989), to list the pyramid pigtoe as a
threatened species with a rule issued
under section 4(d) of the Act, is
withdrawn on March 26, 2024.
This withdrawal, comments
on our September 7, 2021, proposed
rule, and supplementary documents are
available for public inspection on the
internet at https://www.regulations.gov
at Docket No. FWS–R4–ES–2021–0092,
and some of these documents are also
available on the Service’s website at
https://ecos.fws.gov/ecp/species/2781.
ADDRESSES:
[Amended]
9. Amend section 252.247–7026
introductory text by removing
‘‘247.574(d)’’ and adding ‘‘247.574(c)’’
in its place.
■ 10. Amend section 252.247–7027—
■ a. By revising the section heading; and
■ b. In the introductory text by
removing ‘‘247.574(e)’’ and adding
‘‘247.574(d)’’ in its place.
The revision reads as follows:
■
FOR FURTHER INFORMATION CONTACT:
[Docket No. FWS–R4–ES–2021–0092;
FXES1111090FEDR–245–FF09E21000]
Janet Mizzi, Field Supervisor, U.S. Fish
and Wildlife Service, Asheville
Ecological Services Field Office, 160
Zillicoa St., Asheville, NC 28801;
telephone 828–258–3939. Individuals in
the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-of
contact in the United States.
RIN 1018–BF43
SUPPLEMENTARY INFORMATION:
252.247–7027 Riding Gang Member
Requirements.
*
*
*
*
*
[FR Doc. 2024–06004 Filed 3–25–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife
and Plants; Threatened Species Status
With Section 4(d) Rule for Pyramid
Pigtoe
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; withdrawal.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), withdraw the
September 7, 2021, proposed rule to list
the pyramid pigtoe (Pleurobema
rubrum), a freshwater mussel, as a
threatened species under the
Endangered Species Act of 1973 (Act),
as amended. This withdrawal is based
on new information we received
following publication of the proposed
rule that indicates the pyramid pigtoe is
not a valid listable entity under the Act.
In 2023, a comprehensive genetic
analysis throughout the range of the
pyramid pigtoe (P. rubrum) and round
pigtoe (P. sintoxia) mussels concluded
that the two mussels are conspecific and
that pyramid pigtoe is not a valid taxon.
Individuals previously assigned to P.
rubrum are now considered to be P.
sintoxia, a wide-ranging common
species. Because we are withdrawing
the proposal to list the pyramid pigtoe,
we are also withdrawing the associated
proposed rule issued under section 4(d)
of the Act.
DATES: The proposed rule that
published on September 7, 2021 (86 FR
SUMMARY:
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
Previous Federal Actions
Please refer to our September 7, 2021,
proposed rule (86 FR 49989) for a
detailed description of previous Federal
actions concerning the pyramid pigtoe.
We accepted submission of new
information and comments on our
September 7, 2021, proposed rule for 60
days, ending November 8, 2021.
Finding
Consistent with section
4(b)(6)(A)(i)(IV) of the Act, we are
notifying the public that we are
withdrawing the September 7, 2021,
proposed rule to list the pyramid pigtoe
as a threatened species with an
associated rule issued under section
4(d) of the Act (‘‘4(d) rule’’) (86 FR
49989). The basis for this action is
described below.
Background
It is our intent in this withdrawal to
discuss the new information identifying
the pyramid pigtoe and round pigtoe as
conspecific (belonging to the same
species) that serves as the basis for our
decision. A thorough review of the life
history, ecology, and overall viability of
what was considered pyramid pigtoe at
the time the September 7, 2021,
proposed rule was published is found in
the species status assessment report
(SSA report) (version 1.0; Service 2021,
pp. 19–36).
E:\FR\FM\26MRP1.SGM
26MRP1
]]>Agencies
[Federal Register Volume 89, Number 59 (Tuesday, March 26, 2024)]
[Proposed Rules]
[Pages 20924-20927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06004]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204, 212, 247, and 252
[Docket DARS-2024-0007]
RIN 0750-AL12
Defense Federal Acquisition Regulation Supplement: Modification
of Notification of Intent To Transport Supplies by Sea (DFARS Case
2020-D026)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to remove a DFARS solicitation provision
and modify the text of an existing DFARS contract clause to include the
operative text of that DFARS provision.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before May 28, 2024, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2020-D026, using
either of the following methods:
[cir] Federal eRulemaking Portal: https://www.regulations.gov.
Search for DFARS Case 2020-D026. Select ``Comment'' and follow the
instructions to submit a comment. Please include ``DFARS Case 2020-
D026'' on any attached document.
[cir] Email: [email protected]. Include DFARS Case 2020-D026 in
the subject line of the message.
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.
FOR FURTHER INFORMATION CONTACT: David Johnson, telephone 202-913-5764.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS to remove the solicitation
provision at DFARS 252.247-7022, Representation of Extent of
Transportation By Sea, and to revise the contract clause at DFARS
252.247-7023, Transportation of Supplies by Sea, accordingly, to effect
the purpose of the provision using only the clause. This change will
streamline instructions to contractors regarding required notifications
to the Government of transportation of supplies by sea.
II. Discussion and Analysis
Currently, DFARS provision 252.247-7022 and DFARS clause 252.247-
7023 are included in all solicitations with an anticipated value
greater than the simplified acquisition threshold, except solicitations
for direct purchase of ocean transportation services. The provision
requires the offeror to represent whether supplies will or will not be
transported by sea in performance of the contract or any subcontract.
The clause notifies offerors of their responsibilities when
transporting supplies by sea, which include the use of U.S. flag
vessels, unless certain situations apply; the submission of a
certification with a final invoice; and submission of bills of lading
to the contracting officer and to the U.S. Department of Transportation
Maritime Administration (MARAD).
The provision's notification requirement was intended to aid
acquisition personnel in carrying out their responsibilities under the
clause. By effecting the notification via a solicitation provision, a
representation is required from all offerors rather than just the
awardee. Given the offeror's representation has no bearing on its
eligibility or selection for award, the notification is better suited
to be a requirement in the clause, where only the awardee must notify
the contracting officer, as well as MARAD, only if transportation of
supplies by sea will occur. Including MARAD on the notification
provides all impacted parties with situational awareness and an ability
to be proactive in ensuring compliance with the clause requirements.
Given that DFARS clause 252.247-7023 is included in nearly all
contracts, and DFARS provision 252.247-7022 is associated with the
requirements of 252.247-7023, the text of the clause and provision can
be combined. The result reduces the number of provisions required to be
used in solicitations and the number of representations offerors must
provide, while still maintaining the effect of DFARS provision 252.247-
7022.
Consequent to removing DFARS clause 252.247-7022, this rule removes
the clause prescription at DFARS 247.574(a) as well as direction at
DFARS 204.1202 and 212.301 relating to the provision.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT), for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), and for Commercial Services
This rule removes the provision at DFARS 252.247-7022, along with
its prescription at DFARS 247.574(a), and amends the clause at DFARS
252.247-7032 accordingly to include the substance of the provision.
However, this proposed rule does not impose any new requirements on
contracts at or below the SAT, for commercial products including COTS
items, or for commercial services. The clause will continue to apply to
acquisitions at or below the SAT, to acquisitions of commercial
products including COTS items, and to acquisitions of commercial
services.
IV. Expected Impact of the Rule
This change is expected to streamline instructions to contractors
regarding notifications of transportation of supplies by sea.
Presently, DFARS
[[Page 20925]]
provision 252.247-7022 is included in nearly all solicitations and
DFARS clause 252.247-7023 is included in nearly all contracts. By
effectively combining the provision and the clause, this proposed rule
will reduce the number of provisions required to be used in
solicitations and the number of representations offerors must provide,
while still maintaining the effect of DFARS provision 252.247-7022.
Therefore, this proposed rule is expected to reduce administrative
burden on contractors, including small businesses.
V. 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, as amended.
VI. Regulatory Flexibility Act
DoD does not expect this proposed rule, when finalized, 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 the rule does not create any new requirements or add to
any existing requirements for contractors. However, an initial
regulatory flexibility analysis has been performed and is summarized as
follows:
DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to remove a solicitation provision and
accordingly to modify the text of an existing DFARS contract clause to
include the operative text of that DFARS provision.
The objective of this proposed rule is to streamline the
instructions to contractors pertaining to the transportation of
supplies by sea. The legal basis for the proposed rule is 41 U.S.C.
1303.
This proposed rule will likely affect small entities that will be
awarded contract actions that include DFARS clause 252.247-7023,
Transportation of Supplies by Sea. Data was obtained from the
Procurement Business Intelligence Service for all contracts and
modifications that include DFARS clause 252.247-7023 for fiscal years
2020 through 2022. DoD awarded on average 642,310 contract actions per
year that included DFARS clause 252.247-7023 to 30,680 unique entities,
of which approximately 359,315 contract awards (56 percent) were made
to 21,070 unique small entities (69 percent).
The proposed rule does not impose any new reporting, recordkeeping,
or compliance requirements.
The proposed rule does not duplicate, overlap, or conflict with any
other Federal rules.
There are no known significant alternatives that would accomplish
the objectives of the proposed rule.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this proposed 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 2020-D026), in
correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) applies to this
proposed rule. However, these changes to the DFARS do not impose
additional information collection requirements to the paperwork burden
previously approved by the Office of Management and Budget (OMB) under
OMB Control Number 0704-0245, entitled Defense Federal Acquisition
Regulation Supplement (DFARS) Part 247, Transportation and Related
Clauses.
List of Subjects in 48 CFR Parts 204, 212, 247, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 204, 212, 247, and 252 are proposed to be
amended as follows:
0
1. The authority citation for parts 204, 212, 247, and 252 continue to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE AND INFORMATION MATTERS
204.1202 [Amended]
0
2. Amend section 204.1202 by removing paragraph (2)(xv).
PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
0
3. Amend section 212.301 by revising paragraph (f)(xxi) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial products and commercial services.
* * * * *
(f) * * *
(xxi) Part 247--Transportation.
(A) Use the clause at 252.247-7003, Pass-Through of Motor Carrier
Fuel Surcharge Adjustment to the Cost Bearer, as prescribed in 247.207,
to comply with section 884 of Public Law 110-417.
(B) Use the basic or one of the alternates of the clause at
252.247-7023, Transportation of Supplies by Sea, as prescribed in
247.574(a), to comply with the Cargo Preference Act of 1904 (10 U.S.C.
2631(a)).
(1) Use the basic clause as prescribed in 247.574(a)(1).
(2) Use the alternate I clause as prescribed in 247.574(a)(2).
(3) Use the alternate II clause as prescribed in 247.574(a)(3).
(C) Use the clause 252.247-7025, Reflagging or Repair Work, as
prescribed in 247.574(b), to comply with 10 U.S.C. 2631(b).
(D) Use the provision at 252.247-7026, Evaluation Preference for
Use of Domestic Shipyards--Applicable to Acquisition of Carriage by
Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as
prescribed in 247.574(c), to comply with section 1017 of Public Law
109-364.
(E) Use the clause at 252.247-7027, Riding Gang Member
Requirements, as prescribed in 247.574(d), to comply with section 3504
of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L.
110-417).
(F) Use the clause at 252.247-7028, Application for U.S. Government
Shipping Documentation/Instructions, as prescribed in 247.207.
PART 247--TRANSPORTATION
247.574 [Amended]
0
4. Amend section 247.574--
0
a. By removing paragraph (a);
0
b. By redesignating paragraphs (b) through (e) as paragraphs (a)
through (d);
0
c. In newly redesignated paragraph (a) introductory text, by removing
``all''; and
0
d. In newly redesignated paragraph (d), by removing ``under chapter 121
of title 46 U.S.C.'' and adding ``46 U.S.C. chapter 121.'' in its
place.
[[Page 20926]]
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.204-7007 [Amended]
0
5. Amend section 252.204-7007 by--
0
a. Removing the provision date of ``NOV 2023'' and adding ``DATE'' in
its place; and
0
b. Removing paragraph (d)(1)(viii).
252.247-7022 [Removed and Reserved]
0
6. Remove and reserve section 252.247-7022.
0
7. Amend section 252.247-7023--
0
a. By revising the introductory text and the clause date;
0
b. By redesignating paragraphs (b) through (i) as paragraphs (c)
through (j);
0
c. By adding a new paragraph (b);
0
d. In the newly redesignated paragraph (e)(2) by removing ``Required
shipping date'' and adding ``Required shipping date(s) and required
delivery date(s)'' in its place;
0
e. By revising the newly redesignated paragraph (f) introductory text;
0
f. By revising the newly redesignated paragraph (i);
0
g. In the newly redesignated paragraph (j) introductory text by
removing ``(b)(2)'' and adding ``(c)(2)'' in its place;
0
h. In the newly redesignated paragraph (j)(1) by removing ``paragraph
(i)'' and adding ``paragraph (j)'' in its place; and
0
i. In the newly redesignated paragraph (j)(2) by removing ``paragraphs
(a) through (e)'' and ``paragraph (i)'' and adding ``paragraphs (a)
through (f)'' and ``paragraph (j)'' in their places, respectively.
0
j. In Alternate I--
0
i. By revising the introductory text and the clause date;
0
ii. By redesignating paragraphs (b) through (i) as paragraphs (c)
through (j);
0
iii. By adding a new paragraph (b);
0
iv. In the newly redesignated paragraph (e)(2) by removing ``Required
shipping date'' and adding ``Required shipping date(s) and required
delivery date(s)'' in its place;
0
v. By revising the newly redesignated paragraph (f) introductory text;
0
vi. By revising the newly redesignated paragraph (i);
0
vii. In the newly redesignated paragraph (j) introductory text by
removing ``(b)(2)'' and adding ``(c)(2)'' in its place;
0
viii. In the newly redesignated paragraph (j)(1) by removing
``paragraph (i)'' and adding ``paragraph (j)'' in its place;
0
ix. In the newly redesignated paragraph (j)(2) by removing ``paragraphs
(a) through (e)'' and ``paragraph (i)'' and adding ``paragraphs (a)
through (f)'' and ``paragraph (j) in their places, respectively; and
0
x. By adding ``(End of clause)'' after newly redesignated paragraph
(j)(2).
0
k. In Alternate II--
0
i. By revising the introductory text and the clause date;
0
ii. By redesignating paragraphs (b) through (i) as paragraphs (c)
through (j);
0
iii. By adding a new paragraph (b);
0
iv. In the newly redesignated paragraph (e)(2) by removing ``Required
shipping date'' and adding ``Required shipping date(s) and required
delivery date(s)'' in its place;
0
v. By revising the newly redesignated paragraph (f) introductory text;
0
vi. By revising the newly redesignated paragraph (i);
0
vii. In the newly redesignated paragraph (j) introductory text by
removing ``(b)(2)'' and adding ``(c)(2)'' in its place;
0
viii. In the newly redesignated paragraph (j)(1) by removing
``paragraph (i)'' and adding ``paragraph (j)'' in its place;
0
ix. In the newly redesignated paragraph (j)(2) by removing ``paragraphs
(a) through (e)'' and ``paragraph (i)'' and adding ``paragraphs (a)
through (f)'' and ``paragraph (j)'' in their places, respectively; and
0
x. By adding ``(End of clause)'' after newly redesignated paragraph
(j)(2).
The revisions and additions read as follows:
252.247-7023 Transportation of Supplies by Sea.
Basic. As prescribed in 247.574(a) and (a)(1), use the following
clause:
Transportation of Supplies by Sea--Basic (Date)
* * * * *
(b) If the transportation of supplies by sea is anticipated under
this contract, the Contractor shall--
(1) Notify the Contracting Officer and Maritime Administration
(MARAD) at [email protected]--
(i) Within 3 business days after contract award; or
(ii) Immediately prior to the shipment departure date necessary to
meet delivery schedules, whichever is earlier; and
(2) Include in the notification--
(i) A statement of the Contractor's intent to transport supplies by
sea;
(ii) The contract number; and
(iii) The task-order or delivery-order number, when applicable.
* * * * *
(f) The Contractor shall, within 30 days after each shipment
covered by this clause, provide the Contracting Officer and MARAD at
[email protected], Attention: Military Team, one copy of the rated on
board vessel operating carrier's ocean bill of lading, which shall
contain the following information:
* * * * *
(i) If the Contractor did not anticipate transporting any supplies
by sea at the time of contract award and, therefore, did not provide
the notification required by paragraph (b) of this clause, but prior to
shipment of supplies, the Contractor learns that supplies will be
transported by sea, the Contractor shall--
(1) Provide the notification required by paragraph (b) of this
clause to the Contracting Officer and MARAD as soon as it is known that
supplies will be transported by sea; and
(2) Comply with all the terms and conditions of this clause.
* * * * *
Alternate I. As prescribed in 247.574(a) and (a)(2), use the
following clause, which uses a different paragraph (c) than the basic
clause:
Transportation of Supplies by Sea--Alternate I (Date)
* * * * *
(b) If the transportation of supplies by sea is anticipated under
this contract, the Contractor shall--
(1) Notify the Contracting Officer and Maritime Administration
(MARAD) at [email protected]--
(i) Within 3 business days after contract award; or
(ii) Immediately prior to the shipment departure date necessary to
meet delivery schedules, whichever is earlier; and
(2) Include in the notification--
(i) A statement of the Contractor's intent to transport supplies by
sea;
(ii) The contract number; and
(iii) The task-order or delivery-order number, when applicable.
* * * * *
(f) The Contractor shall, within 30 days after each shipment
covered by this clause, provide the Contracting Officer and MARAD at
[email protected], Attention: Military Team, one copy of the rated on
board vessel operating carrier's ocean bill of lading, which shall
contain the following information:
* * * * *
(i) If the Contractor did not anticipate transporting any supplies
by sea at the time of contract award and, therefore, did not provide
the notification required by paragraph (b) of this clause, but prior to
shipment of the supplies, the Contractor learns that supplies will be
transported by sea, the Contractor shall--
[[Page 20927]]
(1) Provide the notification required by paragraph (b) of this
clause to the Contracting Officer and MARAD as soon as it is known that
supplies will be transported by sea; and
(2) Comply with all the terms and conditions of this clause.
* * * * *
Alternate II. As prescribed in 247.574(a) and (a)(3), use the
following clause, which uses a different paragraph (c) than the basic
clause:
Transportation of Supplies by Sea--Alternate II (date)
* * * * *
(b) If the transportation of supplies by sea is anticipated under
this contract, the Contractor shall--
(1) Notify the Contracting Officer and Maritime Administration
(MARAD) at [email protected]--
(i) Within 3 business days after contract award; or
(ii) Immediately prior to the shipment departure date necessary to
meet delivery schedules, whichever is earlier; and
(2) Include in the notification--
(i) A statement of the Contractor's intent to transport supplies by
sea;
(ii) The contract number; and
(iii) The task-order or delivery-order number, when applicable.
* * * * *
(f) The Contractor shall, within 30 days after each shipment
covered by this clause, provide the Contracting Officer and MARAD at
[email protected], Attention: Military Team, one copy of the rated on
board vessel operating carrier's ocean bill of lading, which shall
contain the following information:
* * * * *
(i) If the Contractor did not anticipate transporting any supplies
by sea at the time of contract award, and, therefore, did not provide
the notification required by paragraph (b) of this clause, but prior to
shipment of the supplies, the Contractor learns after the award of the
contract that supplies will be transported by sea, the Contractor
shall--
(1) Provide the notification required by paragraph (b) of this
clause to the Contracting Officer and MARAD as soon as it is known that
supplies will be transported by sea; and
(2) Comply with all the terms and conditions of this clause.
* * * * *
0
8. Amend section 252.247-7025--
0
a. By revising the section heading; and
0
b. In the introductory text by removing ``247.574(c)'' and adding
``247.574(b)'' in its place.
The revision reads as follows:
252.247-7025 Reflagging or Repair Work.
* * * * *
252.247-7026 [Amended]
0
9. Amend section 252.247-7026 introductory text by removing
``247.574(d)'' and adding ``247.574(c)'' in its place.
0
10. Amend section 252.247-7027--
0
a. By revising the section heading; and
0
b. In the introductory text by removing ``247.574(e)'' and adding
``247.574(d)'' in its place.
The revision reads as follows:
252.247-7027 Riding Gang Member Requirements.
* * * * *
[FR Doc. 2024-06004 Filed 3-25-24; 8:45 am]
BILLING CODE 6001-FR-P
