24324 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Rules and Regulations

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 47 and 52

[FAC 97–17; FAR Case 1998–604 (98–604);

Item V]

RIN 9000–AI39

Federal Acquisition Regulation; Ocean

Transportation by U.S.-Flag Vessels

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council

(Councils) have agreed on a final rule

amending the Federal Acquisition

Regulation (FAR) to apply the

preference for U.S.-flag vessels to

contracts awarded using simplified

acquisition procedures.

DATES: Effective Date: June 26, 2000.

Applicability Date: The FAR, as

amended by this rule, is applicable to

solicitations issued on or after June 26,

2000.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202)

501–4755, for information pertaining to

status or publication schedules. For

clarification of content, contact Ms.

Linda Klein, Procurement Analyst, at

(202) 501–3775. Please cite FAC 97–17,

FAR case 1998–604.

SUPPLEMENTARY INFORMATION:

A. Background

The Councils published a proposed

rule in the Federal Register on July 12,

1999 (64 FR 37640). Five respondents

submitted public comments on the

proposed rule. The Councils considered

all public comments in the formulation

of the final rule.

This rule amends the FAR as follows:

• Applies the preference for U.S.-flag

vessels to contracts awarded using

simplified acquisition procedures

(47.504, 52.213–4, and 52.247–64).

• Adds to the clause at 52.212–5,

Contract Terms and Conditions

Required to Implement Statutes or

Executive Orders—Commercial Items,

Alternate I to 52.247–64, Preference for

Privately Owned U.S.-Flag Commercial

Vessels.

The final rule does not incorporate in

the clause at 52.247–64 the exception at

47.504(e) for subcontracts for

commercial items or commercial

components. The Councils will address

this issue under FAR case 1999–024,

Preference for U.S.-Flag Vessels—

Subcontracts for Commercial Items.

This rule was not subject to Office of

Management and Budget review under

Section 6(b) of Executive Order 12866,

Regulatory Planning and Review, dated

September 30, 1993. This rule is not a

major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

The Department of Defense, the

General Services Administration, and

the National Aeronautics and Space

Administration certify 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 most

ocean transportation companies are

large business concerns. This rule does

not apply to acquisitions by the

Department of Defense.

C. Paperwork Reduction Act

The Paperwork Reduction Act

applies. The information collection

requirements of the clause at FAR

52.247–64 have been approved under

OMB Control Number 9000–0061,

which also covers clauses at 52.247–6,

52.247–29 through 52.247–44, 52.247–

48, 52.247–52, and 52.247–57. FAR

52.247–64 requires contractors to

submit a legible copy of the on-board

ocean bill of lading for each shipment

to the contracting officer and the

Maritime Administration. This rule

makes 52.247–64 applicable to

acquisitions below the simplified

acquisition threshold. However, these

respondents are already required to

submit some form of bill of lading under

52.247–29 through 52.247–44. We

estimate an increased number of

responses per respondent (21), but a

decreased number of hours per response

(.05), resulting in no change to the

number of respondents (65,000) and

total response hours (65,780).

List of Subjects in 48 CFR Parts 47 and

52

Government procurement.

Dated: April 13, 2000.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, DoD, GSA, and NASA

amend 48 CFR parts 47 and 52 as set

forth below:

1. The authority citation for 48 CFR

parts 47 and 52 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

PART 47—TRANSPORTATION

47.504 [Amended]

2. In section 47.504, remove

paragraph (d) and redesignate paragraph

(e) as (d).

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

3. In section 52.212–5, revise the date

of the clause; redesignate paragraph

(b)(26) as (b)(26)(i); and add paragraph

(b)(26)(ii) to read as follows:

52.212–5 Contract Terms and Conditions

Required to Implement Statutes or

Executive Orders—Commercial Items.

* * * * *

Contract Terms and Conditions Required To

Implement Statutes or Executive Orders—

Commercial Items (June 2000)

* * * * *

(b) * * *

l (26)(ii) Alternate I of 52.247–64.

* * * * *

4. In section 52.213–4, revise the date

of the clause; and add paragraph

(b)(1)(xi) to read as follows:

52.213–4 Terms and Conditions—

Simplified Acquisitions (Other Than

Commercial Items).

* * * * *

Terms and Conditions—Simplified

Acquisitions (Other Than Commercial Items)

(June 2000)

* * * * *

(b) * * *

(1) * * *

(xi) 52.247–64, Preference for Privately

Owned U.S.-Flag Commercial Vessels (June

2000) (46 U.S.C. 1241). (Applies to supplies

transported by ocean vessels.)

* * * * *

5. In section 52.247–64, revise the

date of the clause and paragraph (d);

and remove paragraph (e)(1) and

redesignate paragraphs (e)(2) through

(e)(4) as (e)(1) through (e)(3),

respectively. The revised text reads as

follows:

52.247–64 Preference for Privately Owned

U.S.-Flag Commercial Vessels.

* * * * *

Preference for Privately Owned U.S.-Flag

Commercial Vessels (June 2000)

* * * * *

(d) The Contractor shall insert the

substance of this clause, including this

paragraph (d), in all subcontracts or purchase

orders under this contract.

* * * * *

[FR Doc. 00–10135 Filed 4–24–00; 8:45 am]

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