Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules 55007 

Director, NPFC means the head of the 

U.S. Coast Guard National Pollution 

Funds Center (NPFC). 

Double hull has the meaning set forth 

in 33 CFR part 157. 

Single hull means any hull other than 

a double hull. 

§ 138.230. Limits of liability. 

(a) Vessels. The OPA 90 limits of 

liability for vessels are— 

(1) For a tank vessel greater than 3,000 

gross tons with a single hull, including 

a single-hull vessel fitted with double 

sides only or a double bottom only, the 

greater of $3,200 per gross ton or 

$23,320,000; 

(2) For a tank vessel greater than 3,000 

gross tons with a double hull, the 

greater of $2,000 per gross ton or 

$19,960,000. 

(3) For a tank vessel less than or equal 

to 3,000 gross tons with a single hull, 

including a single-hull vessel fitted with 

double sides only or a double bottom 

only, the greater of $3,200 per gross ton 

or $6,360,000. 

(4) For a tank vessel less than or equal 

to 3,000 gross tons with a double hull, 

the greater of $2,000 per gross ton or 

$4,240,000. 

(5) For any other vessel, the greater of 

$1,000 per gross ton or $848,000. 

(b) Deepwater ports. The OPA 90 

limits of liability for deepwater ports 

are— 

(1) Generally. For any deepwater port 

other than a deepwater port with a limit 

of liability established by regulation 

under Section 1004(d)(2) of OPA 90 (33 

U.S.C. 2704(d)(2)) and set forth in 

paragraph (b)(2) of this section, 

$371,000,000; 

(2) For deepwater ports with limits of 

liability established by regulation under 

Section 1004(d)(2) of OPA 90 (33 U.S.C. 

2704(d)(2)): 

(i) For the Louisiana Offshore Oil Port 

(LOOP), $86,924,000; and 

(ii) [Reserved]. 

(c) [Reserved]. 

§ 138.240 Procedure for calculating limit of 

liability adjustments for inflation. 

(a) Formula for calculating a 

cumulative percent change in the 

Annual CPI–U. The Director, NPFC, 

calculates the cumulative percent 

change in the Annual CPI–U from the 

year the limit of liability was 

established, or last adjusted by statute or 

regulation, whichever is later, to the 

present year, using the escalation 

formula described in Fact Sheet 00–1, 

U.S. Department of Labor Program 

Highlights, ‘‘How to Use the Consumer 

Price Index for Escalation’’, September 

2000. This cumulative percent change 

value is rounded to one decimal place. 

(b) Significance threshold. Every three 

years from the year a limit of liability 

was established, or last adjusted by 

statute or regulation, whichever is later, 

the Director, NPFC, will evaluate 

whether the cumulative percent change 

in the Annual CPI–U since that date has 

reached a significance threshold of 3 

percent or greater. For any three-year 

period in which the cumulative percent 

change in the Annual CPI–U is less than 

3 percent, the Director, NPFC, will 

publish a notice of no adjustment to the 

limit of liability in the Federal Register. 

If this occurs, the Director, NPFC, will 

recalculate the cumulative percent 

change in the Annual CPI–U since the 

year in which the limit of liability was 

most recently established or last 

adjusted by statute or regulation, 

whichever is later, each year thereafter 

until the cumulative percent change 

equals or exceeds the threshold amount 

of 3 percent. Once the 3-percent 

threshold is reached, the Director, 

NPFC, will increase the limit of liability 

by an amount equal to the cumulative 

percent change in the Annual CPI–U. 

(c) Formula for calculating inflation 

adjustments. The Director, NPFC, 

calculates adjustments to the limits of 

liability in § 138.230 of this part for 

inflation using the following formula: 

New limit of liability = Current limit of 

liability value + (Current limit of 

liability value × percent change in 

the Annual CPI–U from the year the 

limit of liability was established, or 

last adjusted by statute or 

regulation, whichever is later, to the 

present year), then rounded to the 

closest $100. 

(d) [Reserved]. 

Dated: September 17, 2008. 

Craig A. Bennett, 

Director, National Pollution Funds Center, 

United States Coast Guard. 

[FR Doc. E8–22444 Filed 9–23–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 237, 239, 245, and 

252 

RIN 0750–AF92 

Defense Federal Acquisition 

Regulation Supplement; Government 

Property (DFARS Case 2007–D020) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

update text addressing management of 

Government property in the possession 

of contractors. The DFARS changes are 

consistent with changes made to the 

Federal Acquisition Regulation (FAR). 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

November 24, 2008, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2007–D020, 

using any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: dfars@osd.mil. Include 

DFARS Case 2007–D020 in the subject 

line of the message. 

Fax: 703–602–7887. 

Mail: Defense Acquisition Regulations 

System, Attn: Mr. Mark Gomersall, 

OUSD (AT&L) DPAP (DARS), IMD 

3D139, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Gomersall, 703–602–0302. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This proposed rule updates and 

reorganizes DFARS Subparts 245.1, 

245.3, 245.4, and 245.5 for consistency 

with FAR changes addressing 

management of Government property in 

the possession of contractors, published 

at 72 FR 27364 on May 15, 2007. Minor 

related changes are made in Parts 204, 

237, 239, and 252. The following table 

summarizes the proposed DFARS 

changes: 


rwilkins on PROD1PC63 with PROPOSALS
55008 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules 

Existing DFARS citation Proposed change 

204.7003 ...................................... Remove ‘‘facilities contracts’’ from the list of contract types, consistent with the removal of references to facilities contracts from the FAR. 

237.7003 ...................................... Update the reference to the applicable FAR Government Property clause. 

239.7402 ...................................... Update terminology and FAR references. 

245.104 ........................................ Update and relocate to 245.105. 

245.301 ........................................ (1) Update the definition of ‘‘facilities project’’ and relocate to 245.101. 

(2) Relocate the definition of ‘‘mapping, charting, and geodesy’’ to 245.101 without change. 

(3) Remove the definition of ‘‘provide,’’ since this term is now defined in FAR 45.101. 

(4) Remove the definitions of ‘‘agency-peculiar property,’’ ‘‘industrial plant equipment,’’ and ‘‘other plant 

equipment,’’ as they are no longer considered necessary. 

245.302–1(a) ............................... Update and relocate to 245.102. 

245.302–1(b) and DD Form 1419 Remove. The specified equipment screening procedures have become obsolete. 

245.302–2 and 245.302–7 .......... Remove. The separate procedures for facilities contracts are no longer necessary. 

245.303–2 .................................... Update and relocate to 245.102(3). 

245.307–2 .................................... Remove. The corresponding FAR text has been removed. 

245.310 ........................................ Update and relocate to 245.102(2). 

245.310–70 .................................. Relocate to 245.107–70. 

245.401 ........................................ Update and relocate to 245.301(1). 

245.403 ........................................ Relocate to 245.302(2). 

245.405 ........................................ Update and relocate to 245.302(1) and (3). 

245.407 ........................................ Update and relocate to 245.301. The dollar threshold for requiring descriptive information on items of Government property for which a contractor requests non-Government use is increased from $25,000 to 

$100,000. The item unique identification (IUID) number and the item condition are added to the types of information to be provided. 

Subpart 245.5 and DD Form 

1342.

Remove as unnecessary. 

Part 252 ....................................... Update references and clause titles. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD does not expect this proposed 

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 proposed rule makes 

no significant change to DoD policy 

regarding the management of 

Government property in the possession 

of contractors. Therefore, DoD has not 

performed an initial regulatory 

flexibility analysis. DoD invites 

comments from small businesses and 

other interested parties. DoD also will 

consider comments from small entities 

concerning the affected DFARS subparts 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2007–D020. 

C. Paperwork Reduction Act 

The information collection 

requirements of DFARS Part 245 have 

been approved by the Office of 

Management and Budget under Control 

Number 0704–0246. 

List of Subjects in 48 CFR Parts 204, 

237, 239, 245, and 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR parts 204, 237, 239, 245, and 252 

as follows: 

1. The authority citation for 48 CFR 

parts 204, 237, 239, 245, and 252 

continues to read as follows: 

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

Chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

2. Section 204.7003 is amended by 

revising paragraph (a)(3)(v) to read as 

follows: 

204.7003 Basic PII number. 

(a) * * * 

(3) * * * 

(v) Reserved-E 

* * * * * 

PART 237—SERVICE CONTRACTING 

3. Section 237.7003 is amended by 

revising paragraph (c) to read as follows: 

237.7003 Solicitation provisions and 

contract clauses. 

* * * * * 

(c) Use the clause at FAR 52.245–1, 

Government Property, with its Alternate 

I, in solicitations and contracts that 

include port of entry requirements. 

PART 239—ACQUISITION OF 

INFORMATION TECHNOLOGY 

4. Section 239.7402 is amended by 

revising paragraphs (b)(3) and (4) to read 

as follows: 

239.7402 Policy. 

* * * * * 

(b) * * * 

(3) Except as provided in paragraph 

(b)(4) of this section, contractors and 

subcontractors shall normally provide 

all required property, to include 

telecommunications security equipment 

or related devices, in accordance with 

FAR 45.102. In some cases, such as for 

communications security (COMSEC) 

equipment designated as controlled 

cryptographic item (CCI), contractors or 

subcontractors must also meet 

ownership eligibility conditions. 

(4) When the contractor or 

subcontractor does not meet ownership 

eligibility conditions, the head of the 

agency may authorize provision of the 

necessary property as Governmentfurnished property or acquisition as 

contractor-acquired property, as long as 

conditions of FAR 45.102(b) are met. 

* * * * * 

PART 245—GOVERNMENT PROPERTY 

5. Subparts 245.1 and 245.3 are 

revised to read as follows: 

Subpart 245.1—General 

Sec. 

245.101 Definitions. 

245.102 Policy. 


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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules 55009 

245.105 Contractor’s property management 

system compliance. 

245.107–70 Contract clause. 

Subpart 245.1—General 

245.101 Definitions. 

As used in this part— 

Facilities project means a Government 

project to provide, modernize, or 

replace real property for use by a 

contractor in performing a Government 

contract or subcontract. 

Mapping, charting, and geodesy 

(MC&G) property is defined in the 

clause at 252.245–7000, GovernmentFurnished Mapping, Charting, and 

Geodesy Property. 

245.102 Policy. 

(1) Facilities projects. 

(i) Comply with DoD Directive 4275.5, 

Acquisition and Management of 

Industrial Resources, in processing 

requests for facilities projects. Submit 

the request for approval to— 

(A) The Secretary of the military 

department concerned, or the director of 

the defense agency concerned, if the 

project— 

(1) Is a research and development 

funded effort not exceeding $3 million 

per fiscal year; 

(2) Is funded from procurement 

appropriations, is approved on a 

location basis, and does not exceed $5 

million for all property efforts during 

one fiscal year; or 

(3) Is in support of a major system or 

subsystem (including ammunitionrelated projects) and the total 

investment will not exceed $25 million 

during the projected acquisition or 

maintenance effort; or 

(B) The Deputy Under Secretary of 

Defense (Industrial Affairs and 

Installations) if the project exceeds the 

limitations in paragraph (1)(i)(A) of this 

section. 

(ii) Departments and agencies shall 

submit reports of facilities projects to 

the House and Senate Armed Services 

Committees— 

(A) At least 30 days before starting 

facilities projects involving real 

property (10 U.S.C. 2662); and 

(B) In advance of starting construction 

for a facilities project regardless of cost. 

Use DD Form 1391, FY__Military 

Construction Project Data, to notify 

congressional committees of projects 

that are not included in the annual 

budget. 

(2) Mapping, charting, and geodesy 

property. All Government-furnished 

mapping, charting, and geodesy (MC&G) 

property is under the control of the 

Director, National Geospatial 

Intelligence Agency. 

(i) MC&G property shall not be 

duplicated, copied, or otherwise 

reproduced for purposes other than 

those necessary for contract 

performance. 

(ii) Upon completion of contract 

performance, the contracting officer 

shall— 

(A) Contact the Director, National 

Geospatial Intelligence Agency, 4600 

Sangamore Road, Bethesda, MD 20816– 

5003, for disposition instructions; 

(B) Direct the contractor to destroy or 

return all Government-furnished MC&G 

property not consumed during contract 

performance; and 

(C) Specify the destination and means 

of shipment for property to be returned 

to the Government. 

(3) Government supply sources. When 

a contractor will be responsible for 

preparing requisitioning documentation 

to acquire Government-furnished 

property from Government supply 

sources, include in the contract the 

requirement to prepare the 

documentation in accordance with DoD 

4000.25–1–M, Military Standard 

Requisitioning and Issue Procedures 

(MILSTRIP). Copies are available from 

the address cited at PGI 251.102. 

245.105 Contractor’s property 

management system compliance. 

The property administrator shall 

perform property administration in 

accordance with department or agency 

procedures. 

245.107–70 Contract clause. 

Use the clause at 252.245–7000, 

Government-Furnished Mapping, 

Charting, and Geodesy Property, in 

solicitations and contracts when 

mapping, charting, and geodesy 

property is to be furnished. 

Subpart 245.3—Authorizing the Use and 

Rental of Government Property 

Sec. 

245.301 Use and rental. 

245.302 Contracts with foreign governments 

or international organizations. 

Subpart 245.3—Authorizing the Use and 

Rental of Government Property 

245.301 Use and rental. 

(1) Government use, as used in this 

subpart, includes use on contracts for 

foreign military sales. Also see 245.302. 

(2) Authorizing non-Government use. 

(i) Non-Government use of 

Government-owned equipment 

exceeding 25 percent of the total use for 

Government and commercial work 

requires prior approval of the— 

(A) Assistant Secretary of the Army 

(AL&T); 

(B) Assistant Secretary of the Navy 

(RD&A); 

(C) Assistant Secretary of the Air 

Force (Acquisition); or 

(D) Director, Defense Logistics 

Agency. 

(ii) The authority in paragraph (2)(i) of 

this section may be delegated to the 

head of a contracting activity. Any 

redelegation requires the approval of the 

Deputy Under Secretary of Defense 

(Industrial Affairs and Installations). 

(iii) To determine the percentage of 

non-Government use— 

(A) Compute the percentage of nonGovernment use on time available for 

use. Use the contractor’s normal work 

schedule as represented by the 

scheduled production shift hours; 

(B) Use a base time period that is 

neither less than three months nor more 

than one year; and 

(C) Use may be averaged at a single 

plant for all items costing less than 

$25,000. 

(iv) Contractors should submit 

requests for non-Government use of 

Government-owned equipment to the 

contract administration office at least 

six weeks before the projected use. The 

request shall include— 

(A) The total number of items of 

Government equipment requested for 

use and the acquisition cost of each 

item; and 

(B) For each item of Government 

equipment with an acquisition cost of 

$100,000 or more, an itemized list 

including nomenclature, item unique 

identification (IUID) number if known, 

condition, year of manufacture, and 

acquisition cost. 

(v) Approving officials shall retain for 

periodic review, documentation of the 

circumstances justifying nonGovernment use of Government 

property. 

245.302 Contracts with foreign 

governments or international organizations. 

(1) General. 

(i) Approval. A contractor may use 

Government property on work for 

foreign governments and international 

organizations only when approved in 

writing by the contracting officer having 

cognizance of the property. The 

contracting officer shall grant approval 

only if— 

(A) The use will not interfere with 

foreseeable requirements of the United 

States; 

(B) The work is undertaken as a DoD 

foreign military sale; or 

(C) For a direct commercial sale, the 

foreign country or international 

organization would be authorized to 

contract with the department concerned 

under the Arms Export Control Act. 

(ii) Use charges. 

(A) The Use and Charges clause is 

applicable on direct commercial sales to 


rwilkins on PROD1PC63 with PROPOSALS
55010 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules 

foreign governments or international 

organizations. 

(B) When a particular foreign 

government or international 

organization has funded the acquisition 

of specific production and research 

property, do not assess the foreign 

government or international 

organization rental charges or 

nonrecurring recoupments for the use of 

such property. 

(2) Special tooling and special test 

equipment. 

(i) DoD normally recovers a fair share 

of nonrecurring costs of special tooling 

and special test equipment by including 

these costs in its calculation of the 

nonrecurring cost recoupment charge 

when major defense equipment is sold 

by foreign military sales or direct 

commercial sales to foreign 

governments or international 

organizations. ‘‘Major defense 

equipment’’ is defined in DoD Directive 

2140.2, Recoupment of Nonrecurring 

Costs on Sales of U.S. Items, as any item 

of significant military equipment on the 

United States Munitions List having a 

nonrecurring research, development, 

test, and evaluation cost of more than 

$50 million or a total production cost of 

more than $200 million. 

(ii) When the cost thresholds in 

paragraph (2)(i) of this section are not 

met, the contracting officer shall assess 

rental charges for use of special tooling 

and special test equipment pursuant to 

the Use and Charges clause if 

administratively practicable. 

(3) Waivers. 

(i) Rental charges for use of U.S. 

production and research property on 

commercial sales transactions to the 

Government of Canada are waived for 

all commercial contracts. This waiver is 

based on an understanding wherein the 

Government of Canada has agreed to 

waive its rental charges. 

(ii) Requests for waiver or reduction 

of charges for the use of Government 

property on work for foreign 

governments or international 

organizations shall be submitted to the 

contracting officer, who shall refer the 

matter through contracting channels. In 

response to these requests, approvals 

may be granted only by the Director, 

Defense Security Cooperation Agency, 

for particular sales that are consistent 

with paragraph (1)(i)(C) of this section. 

Subparts 245.4 and 245.5 [Removed] 

6. Subparts 245.4 and 245.5 are 

removed. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.217–7005 [Amended] 

7. Section 252.217–7005 is amended 

as follows: 

a. By revising the clause date to read 

‘‘(XXX 2008)’’; and 

b. In paragraph (e)(7) by removing 

‘‘(Fixed-Price Contracts)’’. 

252.217–7010 [Amended] 

8. Section 252.217–7010 is amended 

as follows: 

a. By revising the clause date to read 

‘‘(XXX 2008)’’; and 

b. In paragraph (c)(3) by removing 

‘‘(Fixed Price Contracts)’’. 

252.242–7004 [Amended] 

9. Section 252.242–7004 is amended 

as follows: 

a. By revising the clause date to read 

‘‘(XXX 2008)’’; and 

b. In paragraph (e)(9) introductory 

text, in the first sentence, by removing 

‘‘Regardless of the provisions of FAR 

45.505–3(f)(1)(ii), have’’ and adding in 

its place ‘‘Have’’. 

252.245–7000 [Amended] 

10. Section 252.245–7000 is amended 

as follows: 

a. By revising the clause date to read 

‘‘(XXX 2008)’’; and 

b. In the introductory text by 

removing ‘‘245.310–70’’ and adding in 

its place ‘‘245.107–70’’. 

[FR Doc. E8–22419 Filed 9–23–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 080226310–81205–01] 

RIN 0648–AU20 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Revised Management 

Authority for Dark Rockfish in the 

Bering Sea and Aleutian Islands 

Management Area and the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues a proposed rule 

that would implement Amendment 73 

to the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area and 

Amendment 77 to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (collectively, 

Amendments 73/77). If approved, 

Amendments 73/77 would remove dark 

rockfish (Sebastes ciliatus) from both 

fishery management plans (FMPs). The 

State of Alaska (State) would then 

assume management of dark rockfish 

catch by State–permitted vessels in the 

Bering Sea and Aleutian Islands 

Management Area and the Gulf of 

Alaska. This action is necessary to allow 

the State of Alaska to implement more 

responsive, regionally based 

management of dark rockfish than is 

currently possible under the FMPs. This 

action would improve conservation and 

management of dark rockfish and is 

intended to promote the goals and 

objectives of the Magnuson–Stevens 

Fishery Conservation and Management 

Act, the FMPs, and other applicable 

laws. 

DATES: Comments must be received no 

later than November 17, 2008. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by RIN 0648– 

AU20, by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

Copies of Amendments 73/77 and the 

Environmental Assessment/Regulatory 

Impact Review/Initial Regulatory 


rwilkins on PROD1PC63 with PROPOSALS