Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 59103 

operations. Since the rule generally will 

apply to DoD major end-item 

contractors, and there are a limited 

number of end items for which the 

Government assigns these serial 

numbers, the number of small entities 

impacted by this rule is not expected to 

be substantial. 

The clause at 252.211–7008, Use of 

Government-Assigned Serial Numbers, 

requires the Contractor to mark the 

Government-assigned serial numbers on 

those major end items as specified by 

line item in the Schedule, in accordance 

with the technical instructions for the 

placement and method of application 

identified in the terms and conditions of 

the contract, and to register the 

Government-assigned serial number 

along with the major end item’s UII at 

the time of delivery in accordance with 

the provisions of the clause at DFARS 

252.211–7003(d). 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

DoD considers the approach described 

in the rule to be the most practical and 

beneficial for both Government and 

industry. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 96–511) does not apply because the 

rule does not impose additional 

information collection requirements that 

require the approval of the Office of 

Management and Budget under 44 

U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Parts 211 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 211 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 211 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

PART 211—DESCRIBING AGENCY 

NEEDS 

211.274–5 [Redesignated as 211.274–6] 

■ 2. Redesignate Section 211.274–5 as 

211.274–6. 

■ 3. Add new section 211.274–5 to read 

as follows: 

211.274–5 Policy for assignment of 

Government-assigned serial numbers. 

It is DoD policy that contractors apply 

Government-assigned serial numbers, 

such as tail numbers/hull numbers and 

equipment registration numbers, in 

human-readable format on major end 

items when required by law, regulation, 

or military operational necessity. The 

latest version of MIL–STD–130, Marking 

of U.S. Military Property, shall be used 

for the marking of human-readable 

information. 

■ 4. In newly redesignated section 

211.274–6, add paragraph (c) to read as 

follows: 

211.274–6 Contract clauses. 

* * * * * 

(c) Use the clause at 252.211–7008, 

Use of Government-Assigned Serial 

Numbers, in solicitations and contracts 

that— 

(1) Contain the clause at 252.211– 

7003, Item Identification and Valuation; 

and 

(2) Require the contractor to mark 

major end items under the terms and 

conditions of the contract. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 5. Section 252.211–7003 is amended 

by revising the introductory text to read 

as follows: 

252.211–7003 Item identification and 

valuation. 

As prescribed in 211.274–6(a), use the 

following clause: 

* * * * * 

■ 6. Section 252.211–7007 is amended 

by revising the introductory text to read 

as follows: 

252.211–7007 Reporting of GovernmentFurnished Equipment in the DoD Item 

Unique Identification (IUID) Registry. 

As prescribed in 211.274–6(b), use the 

following clause: 

* * * * * 

■ 7. Section 252.211–7008 is added to 

read as follows: 

252.211–7008 Use of GovernmentAssigned Serial Numbers 

As prescribed in 211.274–6(c), use the 

following clause: 

USE OF GOVERNMENT-ASSIGNED 

SERIAL NUMBERS (SEP 2010) 

(a) Definitions. As used in this clause— 

Government-assigned serial number means 

a combination of letters or numerals in a 

fixed human-readable information format 

(text) conveying information about a major 

end item, which is provided to a contractor 

by the requiring activity with accompanying 

technical data instructions for marking the 

Government-assigned serial number on major 

end items to be delivered to the Government. 

Major end item means a final combination 

of component parts and/or materials which is 

ready for its intended use and of such 

importance to operational readiness that 

review and control of inventory management 

functions (procurement, distribution, 

maintenance, disposal, and asset reporting) is 

required at all levels of life cycle 

management. Major end items include 

aircraft; ships; boats; motorized wheeled, 

tracked, and towed vehicles for use on 

highway or rough terrain; weapon and 

missile end items; ammunition; and sets, 

assemblies, or end items having a major end 

item as a component. 

Unique item identifier (UII) means a set of 

data elements permanently marked on an 

item that is globally unique and 

unambiguous and never changes in order to 

provide traceability of the item throughout its 

total life cycle. The term includes a 

concatenated UII or a DoD-recognized unique 

identification equivalent. 

(b) The Contractor shall mark the 

Government-assigned serial numbers on 

those major end items as specified by line 

item in the Schedule, in accordance with the 

technical instructions for the placement and 

method of application identified in the terms 

and conditions of the contract. 

(c) The Contractor shall register the 

Government-assigned serial number along 

with the major end item’s UII at the time of 

delivery in accordance with the provisions of 

the clause at DFARS 252.211–7003(d). 

(d) The Contractor shall establish the UII 

for major end items for use throughout the 

life of the major end item. The Contractor 

may elect, but is not required, to use the 

Government-assigned serial number to 

construct the UII. 

(End of clause) 

[FR Doc. 2010–23662 Filed 9–24–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 247 and 252 

RIN 0750–AG30 

Defense Federal Acquisition 

Regulation Supplement; Motor Carrier 

Fuel Surcharge (DFARS Case 2008– 

D040) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, with 

changes, an interim rule that 

implements section 884 of the National 

Defense Authorization Act for Fiscal 

Year 2009. Section 884 requires DoD to 

ensure that, to the maximum extent 

practicable, in all carriage contracts in 

which a fuel-related adjustment is 

provided for, any fuel-related 

adjustment is passed through to the 

person who bears the cost of the fuel to 

which the adjustment relates. 

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59104 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 

DATES: Effective Date: September 27, 

2010. 

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 2008–D040. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 74 

FR 37652 on July 29, 2009, to 

implement section 884 of the National 

Defense Authorization Act for Fiscal 

Year 2009 (Pub. L. 110–417). Section 

884 requires DoD to ensure that, to the 

maximum extent practicable, in all 

carriage contracts for which a fuelrelated adjustment is provided, any fuelrelated adjustment is passed through to 

the person who bears the cost of the fuel 

to which the adjustment relates. Section 

884 also applies to commercial contracts 

for carriage. 

Two respondents submitted 

comments on the interim rule. A 

discussion of the comments received 

and the changes to the rule as a result 

of these comments is provided below: 

1. Comment. One respondent stated 

that it is customary in the motor carrier 

freight industry to assume a fixed cost 

of diesel fuel with a cost recovery 

mechanism (fuel surcharge) for a time 

period exceeding 30 days. In the 

majority of instances, approximately 99 

percent of the time, industry passes fuel 

surcharges to the party that pays for the 

fuel. The respondent is concerned that 

the new law will require documenting 

100 percent of all activity and as a 

result, there will be additional 

administrative work and cost for no 

appreciable benefit. 

Response. DoD does not agree. The 

statute requires that, to the maximum 

extent practicable, any fuel-related 

adjustment is passed through to the 

person who bears the cost. Since, for the 

majority of instances, industry passes 

the fuel surcharges to the party that pays 

for the fuel, contractor records would 

reflect this. The only additional 

documentation requirement would be 

for the estimated one percent of actions 

where the fuel-adjustment is not passed 

through. 

2. Comment. Both respondents stated 

that there are some instances where it is 

not practicable to mandate an absolute 

requirement to pass the fuel-related 

adjustment to the party that paid for the 

fuel, and one respondent proposed the 

following remedy: 

‘‘(a) Except in instances where doing so 

would be impracticable, or pose a 

disproportionate administrative burden, the 

contractor shall pass through any motor 

carrier fuel-related surcharge adjustments to 

the person, corporation, or entity that 

directly bears the cost of fuel for shipment(s) 

transported under this contract. 

(i) Examples of impracticable instances 

may include but not be limited to, spot bids, 

one-time-only bids, or other services that are 

provided within 30 days of the time service 

was ordered.’’ 

Response. DoD agrees with the 

respondents in part. The examples of 

impracticable instances provided, 

however, are for short-term 

arrangements where there would not 

generally be a fuel surcharge and where 

the clause would not apply. DoD 

recognizes there may be limited 

instances where pass-through of fuel 

surcharge may not be feasible. Since the 

statute provides for application to the 

maximum practicable extent, the clause 

will include a statement that ‘‘Unless an 

exception is approved by the 

Contracting Officer,’’ the contractor shall 

pass through any motor carrier fuelrelated surcharge adjustments to the 

person, corporation, or entity that 

directly bears the cost of fuel for 

shipment(s) transported under this 

contract. 

This regulatory action 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. 

B. Regulatory Flexibility Act 

DoD does not expect this final 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. 

However, DoD has prepared a final 

regulatory flexibility analysis consistent 

with 5 U.S.C. 604. A copy of the 

analysis may be obtained from the point 

of contact specified herein. The analysis 

is summarized as follows: 

This final rule amends the DFARS to 

implement section 884 of the National 

Defense Authorization Act for Fiscal 

Year 2009. Section 884 requires DoD to 

ensure that, to the maximum extent 

practicable, in all carriage contracts in 

which a fuel-related adjustment is 

provided for, any fuel-related 

adjustment is passed through to the 

person who bears the cost of the fuel to 

which the adjustment relates. The 

objective of the rule is to establish a 

DoD contract clause with appropriate 

flow-down requirements addressing the 

statutory requirement for fuel-related 

contract adjustments to be passed to the 

entity bearing the cost of the fuel. The 

clause is to be inserted in all contracts 

with motor carriers, brokers, or freight 

forwarders providing or arranging truck 

transportation services that provide for 

a fuel-related adjustment. 

An interim rule was published on July 

29, 2009, at 74 FR 37652 to which two 

responses were received. The responses 

indicated that current commercial 

marketplace practices already reflect the 

requirement to flow down any fuel 

surcharge to the party that incurs the 

cost of the fuel. Therefore, any impact 

of this rule on small entities is expected 

to be minimal. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because this 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. 

List of Subjects in 48 CFR Parts 247 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Accordingly, the interim rule 

amending 48 CFR parts 247 and 252, 

which was published at 74 FR 37652 on 

July 29, 2009, is adopted as a final rule 

with the following changes: 

■ 1. The authority citation for 48 CFR 

parts 247 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

PART 247—TRANSPORTATION 

■ 2. Section 247.207 is revised to read 

as follows: 

247.207 Solicitation provisions, contract 

clauses, and special requirements. 

Use the clause at 252.247–7003, PassThrough 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. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

Subpart 252.2—Text of Provisions and 

Clauses 

252.212–7001 [Amended] 

■ 3. Section 252.212–7001 is amended 

by revising the clause date, and the 

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Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations 59105 

1For purposes of following the requirements of 

49 CFR Part 40, ‘‘DOT, The Department, DOT 

Agency’’ is defined, at 40.3, to include the United 

States Coast Guard. 

dates of the clauses in paragraphs 

(b)(22) and (c)(2) to read ‘‘(SEP 2010)’’. 

■ 4. Section 252.247–7003 is revised to 

read as follows: 

252.247–7003 Pass-Through of Motor 

Carrier Fuel Surcharge Adjustment To The 

Cost Bearer. 

As prescribed in 247.207, use the 

following clause: 

PASS-THROUGH OF MOTOR 

CARRIER FUEL SURCHARGE 

ADJUSTMENT TO THE COST BEARER 

(SEP 2010) 

(a) This clause implements section 884 of 

the National Defense Authorization Act for 

Fiscal Year 2009 (Pub. L. 110–417). 

(b) Unless an exception is authorized by 

the Contracting Officer, the Contractor shall 

pass through any motor carrier fuel-related 

surcharge adjustments to the person, 

corporation, or entity that directly bears the 

cost of fuel for shipment(s) transported under 

this contract. 

(c) The Contractor shall insert the 

substance of this clause, including this 

paragraph (c), in all subcontracts with motor 

carriers, brokers, or freight forwarders. 

(End of clause) 

[FR Doc. 2010–23664 Filed 9–24–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket DOT–OST–2010–0161] 

RIN 2105–AE03 

Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs: Federal Drug Testing 

Custody and Control Form; Technical 

Amendment 

AGENCY: Office of the Secretary, DOT. 

ACTION: Interim Final rule. 

SUMMARY: The Department of Health and 

Human Services recently issued a new 

Federal Drug Testing Custody and 

Control Form for use in both the Federal 

employee and Department of 

Transportation drug testing programs. In 

order to accommodate the form’s use 

within our transportation industry 

program, the Department is making a 

few necessary regulation changes in 

order for collectors, laboratories, and 

Medical Review Officers to know how 

to use the new form. The form’s use is 

authorized beginning October 1, 2010. 

The Department is also making a 

technical amendment to its drug testing 

procedures. The purpose of the 

technical amendment is to add a 

provision of the rule which was 

inadvertently omitted from the final rule 

in August 2010. 

DATES: The rule is effective October 1, 

2010. Comments to this interim final 

rule should be submitted by October 27, 

2010. Late-filed comments will be 

considered to the extent practicable. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit them by only one of the 

following means: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., West Building 

Ground Floor Room W12–140, 

Washington, DC 20590–0001; 

• Hand Delivery: West Building 

Ground Floor Room W12–140, 1200 

New Jersey Ave., SE., between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329; 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2010–0161 or the Regulatory 

Identification Number (2105–AE03) for 

the rulemaking at the beginning of your 

comments. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Bohdan Baczara, U.S. Department of 

Transportation, Office of Drug and 

Alcohol Policy and Compliance, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590; 202–366–3784 (voice), 202– 

366–3897 (fax), or 

bohdan.baczara@dot.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

Background 

All urine specimens collected under 

the Department of Transportation (DOT) 

drug testing regulation, 49 CFR Part 40, 

must be collected using chain-ofcustody procedures that incorporate the 

use of the Federal Drug Testing Custody 

and Control Form (CCF) promulgated by 

the Department of Health and Human 

Services (HHS). On November 17, 2009, 

HHS published a proposal to revise the 

CCF. [74 FR 59196] All the comments 

submitted were thoroughly reviewed by 

HHS and taken into consideration in 

fashioning the new CCF. The 

Department worked closely with HHS 

on the new CCF. Recently, HHS 

announced the new CCF in the Federal 

Register [75 FR 41488] which has an 

effective date of October 1, 2010. 

The following items in the revised 

CCF are worth noting for the DOT 

transportation industry drug testing 

program: 

(1) In Step 1 of the CCF, the Federal 

testing authorities—HHS; DOT; and 

Nuclear Regulatory Commission 

(NRC)—are noted, with further 

specificity for the DOT Agencies— 

Federal Motor Carrier Safety 

Administration (FMCSA); Federal 

Aviation Administration (FAA); Federal 

Railroad Administration (FRA); Federal 

Transit Administration (FTA); Pipeline 

and Hazardous Materials Safety 

Administration (PHMSA); and the 

United States Coast Guard (USCG) 1— 

also noted; 

(2) In Step 5A on Copy 1 of the CCF, 

the new drug analytes MDMA, MDA, 

and MDEA are added, as are ‘‘D9– 

THCA’’ after ‘‘Marijuana Metabolite’’ and 

‘‘BZE’’ after ‘‘Cocaine Metabolite’’ to 

specify the drug analytes; 

(3) In Step 6 on Copy 2 of the CCF, 

a line has been included on which the 

Medical Review Officer (MRO) would 

write the drug for which a positive 

result is verified, and a new line item 

‘‘other’’ was added to assist the MRO in 

documenting other ‘‘refusal to test’’ 

situations—for example, when there is 

no legitimate medical explanation for 

the employee providing an insufficient 

amount of urine; 

(4) In Step 7 on Copy 2 of the CCF, 

a box has been added for the MRO to 

check if the split specimen is reported 

as cancelled; and 

(5) On the reverse side of Copy 5—the 

‘‘Donor Copy’’—of the CCF, are the 

revised instructions for completing the 

CCF. 

Because HHS sought and received 

comments on the form and its use, we 

seek only to receive comments on the 

actual implementation of the new CCF, 

and not on the form itself. 

In addition, the technical amendment 

is intended to address an omission 

which has been called to our attention 

since the publication of the 

Department’s final rule in August 2010 

[75 FR 49850] which was intended to 

create consistency with many of the 

new drug testing requirements 

established by HHS. Specifically, the 

HHS Guidelines require laboratories to 

report the concentration of the drug or 

drug metabolite for a positive result to 

the MRO. This was omitted from our 

rule text in the section that directs what 

laboratories are to report and how they 

are to report it. We have amended the 

rule text to reflect this requirement. 

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