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[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Rules and Regulations]
[Pages 58149-58150]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23944]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 213

RIN 0750-AH07

Defense Federal Acquisition Regulation Supplement; Ships Bunkers 
Easy Acquisition (SEA) Card[supreg] and Aircraft Ground Services (DFARS 
Case 2009-D019)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement to allow the use of U.S. Government 
fuel cards in lieu of a Purchase Order-Invoice-Voucher for fuel, oil, 
and refueling-related items for purchases not exceeding the simplified 
acquisition threshold.

DATES: Effective Date: September 20, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Dustin Pitsch, telephone 703-602-
0289.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published a proposed rule in the Federal register at 76 FR 
21849 on April 19, 2011, to add language to Defense Federal Acquisition 
Regulation Supplement (DFARS) 213.306(a)(1)(A) to include purchases of 
marine fuel, oil, and refueling-related items up to the simplified 
acquisition threshold using the Ships Bunkers Easy Acquisition (SEA) 
Card[reg] in lieu of the SF 44, Purchase Order-Invoice-Voucher. 
Additionally, this section is revised to include additional ground 
refueling-related services when using the AIR Card[supreg]. These 
changes for use of the AIR Card[supreg] and SEA Card[supreg] will 
improve the refueling capability of aircraft and smaller vessels at 
non-contract locations. No public comments were received in response to 
the proposed rule.

II. Executive Order 12866 and Executive Order 13563

    Executive Orders 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

[[Page 58150]]

equity). Executive Order 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 
Executive Order 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

    A final regulatory flexibility analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
and is summarized as follows:
    This is a final rule to revise the Defense Federal Acquisition 
Regulation Supplement (DFARS) at 213 to permit the use of U.S. 
Government fuel cards in lieu of an SF 44, Purchase Order-Invoice-
Voucher, for fuel, oil, and refueling-related items for purchases not 
exceeding the simplified acquisition threshold. The objective of this 
rule is to amend DFARS 213.306(a)(1)(A) to (1) Permit the purchase of 
marine fuel using the Ships' bunkers Easy Acquisition (SEA) 
Card[supreg] in lieu of the SF44, Purchase Order-Invoice-Voucher, up to 
the simplified acquisition threshold and (2) provide additional ground 
refueling-related services when using the AIR Card[supreg]. The legal 
basis is 41 U.S.C. 1303 and 48 CFR chapter 1.
    Purchases of aviation fuel are on-the-spot, over the counter 
transactions (``gas and go''), but generally exceed the micro-purchase 
threshold due to the price of aviation fuel and oil fuel tank 
capacities. Previously, the threshold for SF44/AIR Card[supreg] 
purchases of fuel and oil was set at the simplified acquisition 
threshold at DFARS 213.306(a)(1)(A)) under DFARS Case 2007-D017 (see 
final rule published at 72 FR 6484 on February 12, 2007).
    The military services and the U.S. Coast Guard have small vessels 
that fulfill valid mission needs in direct support of national 
security. Unlike larger vessels, small vessels' movements and needs are 
often unpredictable. These small vessels must procure fuel away from 
their home stations, but because of their smaller size and unique 
mission requirements are unable to use the Defense Logistics Agency 
energy bunkers contracts available at major seaports. Due to port 
restrictions, bunkering merchants do not typically provide support to 
smaller vessels. Instead, these smaller vessels frequent non-contract 
merchants or ``marina-type merchants'' that otherwise serve civilian 
recreational watercraft and similar needs.
    No public comments were received in response to the initial 
regulatory flexibility analysis.
    Approximately 80% of ``marina-type merchants'' are considered small 
businesses. Marina-type merchants accepting the SEA Card[reg] will pay 
a normal fee to the banking institution or processing center, similar 
to VISA charges these merchants incur from other credit card clients. 
In addition, merchants are expected to benefit from accelerated 
payments, since they will be paid by the banking institution in 
accordance with their merchant agreement. The rule facilitates open 
market purchases, benefits merchants by making it much easier for 
merchants to do business with the military and will not have a 
significant cost or administrative impact on contractors, 
subcontractors, or offerors.
    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 the rule 
does not have a significant effect beyond DoD's internal operating 
procedures, substituting the use of a fuel card (AIR Card[supreg] and 
SEA Card[supreg]) in lieu of the SF44, Purchase Order-Invoice-Voucher.

IV. Paperwork Reduction Act

    This 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 Part 213

    Government procurement.

Mary Overstreet,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 213 is amended as follows:

PART 213--SIMPLIFIED ACQUISITION PROCEDURES

0
1. The authority citation for 48 CFR part 213 continues to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

0
2. Section 213.306 is amended to revise paragraph (a)(1)(A) to read as 
follows:

213.306  SF 44, Purchase Order-Invoice-Voucher.

    (a)(1) * * *
    (A) Fuel and oil. U.S. Government fuel cards may be used in lieu of 
an SF 44 for fuel, oil, and authorized refueling-related items (see PGI 
213.306 for procedures on use of fuel cards);
* * * * *
[FR Doc. 2011-23944 Filed 9-19-11; 8:45 am]
BILLING CODE 5001-08-P
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