Anda di halaman 1dari 4

49204 Federal Register / Vol. 72, No.

166 / Tuesday, August 28, 2007 / Rules and Regulations

petition for reconsideration by the DEPARTMENT OF DEFENSE A. Background


Administrator of this final rule does not This interim rule implements Section
affect the finality of this rule for the Defense Acquisition Regulations
1017 of the National Defense
purposes of judicial review nor does it System
Authorization Act for Fiscal Year 2007
extend the time within which a petition (Pub. L. 109–364). Section 1017 requires
for judicial review may be filed, and 48 CFR Parts 212, 215, 247, and 252
DoD to issue an acquisition policy that
shall not postpone the effectiveness of establishes, as a criterion required to be
such rule or action. This action may not RIN 0750–AF75 considered in obtaining carriage of cargo
be challenged later in proceedings to by vessel for DoD, the extent to which
enforce its requirements. (See section Defense Federal Acquisition an offeror of such carriage has had
Regulation Supplement; Carriage overhaul, repair, and maintenance work
307(b)(2) of the CAA.)
Vessel Overhaul, Repair, and for covered vessels performed in
List of Subjects in 40 CFR Part 52 Maintenance (DFARS Case 2007–D001) shipyards located in the United States
Environmental protection, Air AGENCY: Defense Acquisition or Guam. Section 1017 defines ‘‘covered
pollution control, Incorporation by Regulations System, Department of vessel’’ as one that is (1) Owned,
reference, Intergovernmental relations, Defense (DoD). operated, or controlled by the offeror,
and (2) qualified to engage in the
Ozone, Reporting and recordkeeping ACTION: Interim rule with request for
carriage of cargo in the coastwise or
requirements, Volatile organic comments.
noncontiguous trade under Section 27
compounds.
SUMMARY: DoD has issued an interim of the Merchant Marine Act (46 U.S.C.
Dated: August 10, 2007. rule amending the Defense Federal 883); 46 U.S.C. 12106; and Section 2 of
Laura Yoshii, Acquisition Regulation Supplement the Shipping Act (46 U.S.C. App. 802).
Acting Regional Administrator, Region IX. (DFARS) to implement Section 1017 of Section 1017 also requires DoD to
the National Defense Authorization Act submit an annual report to the
■ Part 52, chapter I, title 40 of the Code for Fiscal Year 2007. Section 1017 congressional defense committees
of Federal Regulations is amended as requires DoD to establish an evaluation regarding overhaul, repair, and
follows: criterion, for use in obtaining carriage of maintenance performed on covered
cargo by vessel, that considers the vessels of each offeror of carriage to
PART 52—[AMENDED] which the acquisition policy applies.
extent to which an offeror has had
overhaul, repair, and maintenance work The interim rule contains a solicitation
■ 1. The authority citation for part 52 provision and corresponding
for covered vessels performed in
continues to read as follows: prescriptive language to address the
shipyards located in the United States
Authority: 42 U.S.C. 7401–7671q. or Guam. statutory requirements. The solicitation
provision includes a definition of
DATES: Effective date: August 28, 2007.
Subpart F—California ‘‘overhaul, repair, and maintenance
Comment date: Comments on the work’’ consistent with the definition in
interim rule should be submitted in Commander Military Sealift Command
■ 2. Section 52.220 is amended by
writing to the address shown below on Instruction 4700.14B; and a definition of
redesignating paragraph (c)(347) (as or before October 29, 2007, to be
added on August 1, 2007 at 73 FR ‘‘shipyards’’ consistent with the
considered in the formation of the final definition applicable to NAICS Code
41894), as paragraph (c)(348) and by rule.
revising newly designated paragraph 336611, Ship Building and Repairing.
ADDRESSES: You may submit comments, This rule was not subject to Office of
(c)(348) introductory text to read as
identified by DFARS Case 2007–D001, Management and Budget review under
follows:
using any of the following methods: Executive Order 12866, dated
§ 52.220 Identification of plan. • Federal eRulemaking Portal: http:// September 30, 1993.
* * * * * www.regulations.gov. Follow the
B. Regulatory Flexibility Act
instructions for submitting comments.
(c) * * * • E-mail: dfars@osd.mil. Include DoD has prepared an initial regulatory
(348) New and amended rules for the DFARS Case 2007–D001 in the subject flexibility analysis consistent with 5
following APCDs were submitted on line of the message. U.S.C. 603. A copy of the analysis may
December 29, 2006, by the Governor’s • Fax: (703) 602–7887. be obtained from the point of contact
designee. • Mail: Defense Acquisition specified herein. The analysis is
Regulations System, Attn: Mr. Mark summarized as follows:
* * * * * The objective of the rule is to
[FR Doc. E7–16699 Filed 8–27–07; 8:45 am] Gomersall, OUSD(AT&L)DPAP(DARS),
IMD 3D139, 3062 Defense Pentagon, maintain a strong national ship repair
BILLING CODE 6560–50–P
Washington, DC 20301–3062. industrial base. Therefore, the rule
• Hand Delivery/Courier: Defense contains an evaluation preference for
Acquisition Regulations System, Crystal use in DoD solicitations for carriage of
Square 4, Suite 200A, 241 18th Street, cargo by vessel, to apply to those
Arlington, VA 22202–3402. entities that use domestic shipyards for
vessel overhaul, repair, and
Comments received generally will be
maintenance. The requirements of the
posted without change to http://
rule will apply to entities interested in
pwalker on PROD1PC71 with NOTICES

www.regulations.gov, including any


receiving DoD contracts for carriage of
personal information provided.
cargo by vessel. An evaluation
FOR FURTHER INFORMATION CONTACT: Mr. preference will be given to offerors of
Mark Gomersall, (703) 602–0302. carriage who use domestic shipyards for
SUPPLEMENTARY INFORMATION: vessel overhaul, repair, and

VerDate Aug<31>2005 16:51 Aug 27, 2007 Jkt 211001 PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 E:\FR\FM\28AUR1.SGM 28AUR1
Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations 49205

maintenance work. This is expected to vessels of each offeror to which the List of Subjects in 48 CFR Parts 212,
have a positive effect on entities owning acquisition policy applies. 215, 247, and 252
domestic shipyards, by encouraging the Affected Public: Businesses or other Government procurement.
use of those shipyards. for-profit institutions.
DoD invites comments from small Michele P. Peterson,
businesses and other interested parties. Respondent’s Obligation: Required to Editor, Defense Acquisition Regulations
DoD also will consider comments from obtain or retain benefits. System.
small entities concerning the affected Frequency: On occasion. ■ Therefore, 48 CFR parts 212, 215, 247,
DFARS subparts in accordance with 5 Written comments and and 252 are amended as follows:
U.S.C. 610. Such comments should be recommendations on the proposed ■ 1. The authority citation for 48 CFR
submitted separately and should cite information collection should be sent to parts 212, 215, 247, and 252 continues
DFARS Case 2007–D001. to read as follows:
Ms. Hillary Fielden at the Office of
C. Paperwork Reduction Act Management and Budget, Desk Officer Authority: 41 U.S.C. 421 and 48 CFR
for DoD, Room 10236, New Executive Chapter 1.
This interim rule contains a new
information collection requirement. The Office Building, Washington, DC 20503,
PART 212—ACQUISITION OF
Office of Management and Budget with a copy to the Defense Acquisition
COMMERCIAL ITEMS
(OMB) has approved the information Regulations System, Attn: Mr. Mark
collection requirement for use through Gomersall, OUSD(AT&L)DPAP(DARS), ■ 2. Section 212.301 is amended by
February 29, 2008, under OMB Control IMD 3D139, 3062 Defense Pentagon, adding paragraph (f)(xiii) to read as
Number 0704–0445, in accordance with Washington, DC 20301–3062. follows:
the emergency processing procedures of Comments can be received from 30 to 60
5 CFR 1320.13. DoD invites comments days after the date of this notice, but 212.301 Solicitation provisions and
contract clauses for the acquisition of
on the following aspects of the interim comments to OMB will be most useful commercial items.
rule: (a) Whether the collection of if received by OMB within 30 days after
information is necessary for the proper (f) * * *
the date of this notice.
performance of the functions of DoD, (xiii) Use the provision at 252.247–
To request more information on this 7026, Evaluation Preference for Use of
including whether the information will proposed information collection or to
have practical utility; (b) the accuracy of Domestic Shipyards—Applicable to
obtain a copy of the proposal and Acquisition of Carriage by Vessel for
the estimate of the burden of the
associated collection instruments, DoD Cargo in the Coastwise or
information collection; (c) ways to
enhance the quality, utility, and clarity please write to the Defense Acquisition Noncontiguous Trade, as prescribed in
of the information to be collected; and Regulations System, Attn: Mr. Mark 247.574(e).
(d) ways to minimize the burden of the Gomersall, OUSD(AT&L)DPAP(DARS), ■ 3. Section 212.602 is amended by
information collection on respondents, IMD 3D139, 3062 Defense Pentagon, revising paragraph (b)(iii) to read as
including the use of automated Washington, DC 20301–3062. follows:
collection techniques or other forms of D. Determination To Issue an Interim 212.602 Streamlined evaluation of offers.
information technology. The following Rule
is a summary of the information (b) * * *
collection requirement. (iii) For the direct purchase of ocean
A determination has been made under
transportation services, also evaluate
Title: Defense Federal Acquisition the authority of the Secretary of Defense offers in accordance with the criteria at
Regulation Supplement (DFARS); that urgent and compelling reasons exist 247.573–2(c).
Subpart 247.5, Carriage Vessel to publish an interim rule prior to
Overhaul, Repair, and Maintenance. affording the public an opportunity to PART 215—CONTRACTING BY
Type of Request: New collection. comment. This interim rule implements NEGOTIATION
Number of Respondents: 15. Section 1017 of the National Defense
Responses Per Respondent: 1. Authorization Act for Fiscal Year 2007 ■ 4. Section 215.304 is amended by
Annual Responses: 15. (Pub. L. 109–364). Section 1017 requires adding paragraph (c)(iii) to read as
Average Burden Per Response: 1.5 DoD to issue an acquisition policy that follows:
hours. establishes an evaluation criterion, for 215.304 Evaluation factors and significant
Annual Burden Hours: 22.5. use in obtaining carriage of cargo by subfactors.
Needs and Uses: DoD needs this vessel, that considers the extent to
information to implement Section 1017 (c) * * *
which an offeror of such carriage has (iii) See 247.573–2(c) for additional
of the National Defense Authorization had overhaul, repair, and maintenance
Act for Fiscal Year 2007 (Public Law evaluation factors required in
work for covered vessels performed in solicitations for the direct purchase of
109–364). Section 1017 requires DoD to
shipyards located in the United States ocean transportation services.
(1) Issue an acquisition policy
or Guam. In addition, Section 1017
establishing an evaluation criterion, for PART 247—TRANSPORTATION
requires DoD to submit an annual report
use in obtaining carriage of cargo by
vessel, that considers the extent to to the congressional defense committees
regarding overhaul, repair, and ■ 5. Section 247.570 is amended by
which an offeror has had overhaul, revising paragraph (a) to read as follows:
repair, and maintenance work for maintenance performed on covered
covered vessels performed in shipyards vessels of each offeror to which the 247.570 Scope.
pwalker on PROD1PC71 with NOTICES

located in the United States or Guam; acquisition policy applies. Comments * * * * *


and (2) submit an annual report to the received in response to this interim rule (a) Implements—
congressional defense committees will be considered in the formation of (1) The Cargo Preference Act of 1904
regarding overhaul, repair, and the final rule. (‘‘the 1904 Act’’), 10 U.S.C. 2631, which
maintenance performed on covered applies to the ocean transportation of

VerDate Aug<31>2005 16:51 Aug 27, 2007 Jkt 211001 PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 E:\FR\FM\28AUR1.SGM 28AUR1
49206 Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations

cargo owned by, or destined for use by, overhaul, repair, and maintenance for Acquisition of Carriage by Vessel for
DoD; and covered vessels performed in the United DoD Cargo in the Coastwise or
(2) Section 1017 of the National States or Guam. Noncontiguous Trade, in solicitations
Defense Authorization Act for Fiscal ■ 9. Section 247.573 is added to read as for carriage of cargo by vessel for DoD.
Year 2007 (Pub. L. 109–364), which follows: See 247.573–3 for reporting of the
requires consideration of the extent to information received from offerors in
which offerers have had overhaul, 247.573 Procedures. response to the provision.
repair, and maintenance work ■ 10. Newly designated section
performed in shipyards located in the 247.573–2 is amended as follows: PART 252—SOLICITATION
United States or Guam; ■ a. By revising paragraph (c); and PROVISIONS AND CONTRACT
* * * * * ■ b. In paragraph (d)(3)(i) introductory CLAUSES
text and paragraph (d)(3)(i)(C), by
252.247–7022 [Amended]
247.571, 247.572–1, 247.572–2, and 247.573 removing ‘‘247.572’’ and adding in its
[Redesignated as 247.572, 247.573–1, place ‘‘247.573’’. ■ 13. Section 252.247–7022 is amended
247.573–2, and 247.574] The revised text reads as follows: in the introductory text by removing
■ 6. Sections 247.571, 247.572–1, ‘‘247.573’’ and adding in its place
247.573–2 Direct purchase of ocean ‘‘247.574’’.
247.572–2, and 247.573 are redesignated transportation services.
as sections 247.572, 247.573–1, 252.247–7023 [Amended]
* * * * *
247.573–2, and 247.574, respectively.
(c) All solicitations within the scope ■ 14. Section 252.247–7023 is amended
■ 7. A new section 247.571 is added to of this subsection must provide—
read as follows: in the introductory text, and in the
(1) A preference for U.S.-flag vessels introductory text of Alternates I, II, and
247.571 Definitions. in accordance with the 1904 Act; III, by removing ‘‘247.573’’ and adding
(2) An evaluation factor or subfactor in its place ‘‘247.574’’.
Covered vessel, overhaul, repair, and for offeror participation in the Voluntary
maintenance work, and shipyards, as Intermodal Sealift Agreement; and 252.247–7024 [Amended]
used in this subpart, have the meaning (3) An evaluation factor or subfactor
given in the provision at 252.247–7026, ■ 15. Section 252.247–7024 is amended
considering the extent to which offerors in the introductory text by removing
Evaluation Preference for Use of have had overhaul, repair, and
Domestic Shipyards—Applicable to ‘‘247.573’’ and adding in its place
maintenance work for covered vessels ‘‘247.574’’.
Acquisition of Carriage by Vessel for performed in shipyards located in the
DoD Cargo in the Coastwise or United States or Guam. 252.247–7025 [Amended]
Noncontiguous Trade.
* * * * * ■ 16. Section 252.247–7025 is amended
■ 8. Newly designated section 247.572
is amended by revising paragraphs (a)(1) ■ 11. Section 247.573–3 is added to read in the introductory text by removing
through (3) and adding paragraph (d) to as follows: ‘‘247.573’’ and adding in its place
read as follows: ‘‘247.574’’.
247.573–3 Annual reporting requirement.
■ 17. Section 252.247–7026 is added to
247.572 Policy. (a) No later than February 15th of read as follows:
each year, departments and agencies
(a) * * *
shall— 252.247–7026 Evaluation Preference for
(1) Those vessels are not available,
(1) Prepare a report containing all Use of Domestic Shipyards—Applicable to
and the procedures at 247.573–1(c)(1) or Acquisition of Carriage by Vessel for DoD
information received from offerors in
247.573–2(d)(1) are followed; Cargo in the Coastwise or Noncontiguous
response to the provision at 252.247–
(2) The proposed charges to the Trade.
7026 during the previous calendar year;
Government are higher than charges to As prescribed in 247.574(e), use the
and
private persons for the transportation of following provision:
(2) Submit the report to: Directorate of
like goods, and the procedures at
Acquisition, U.S. Transportation Evaluation Preference For Use of
247.573–1(c)(2) or 247.573–2(d)(2) are
Command, ATTN: TCAQ, 508 Scott Domestic Shipyards—Applicable To
followed; or
Drive, Scott AFB, IL 62225–5357. Acquisition of Carriage by Vessel for
(3) The Secretary of the Navy or the
(b) The Director of Acquisition, U.S. DoD Cargo in the Coastwise or
Secretary of the Army determines that
Transportation Command, will submit a Noncontiguous Trade (Aug 2007)
the proposed freight charges are
consolidated report to the congressional
excessive or unreasonable in accordance (a) Definitions. As used in this
defense committees in accordance with
with 247.573–1(c)(3) or 247.573–2(d)(3). provision—
Section 1017 of Public Law 109–364.
* * * * * ■ 12. Newly designated section 247.574
Covered vessel means a vessel—
(d) In accordance with Section 1017 is amended as follows: (1) Owned, operated, or controlled by
of the National Defense Authorization ■ a. By revising the section heading;
the offeror; and
Act for Fiscal Year 2007 (Public Law ■ b. In paragraph (d), by removing
(2) Qualified to engage in the carriage
109–364)— ‘‘247.571’’ and adding in its place of cargo in the coastwise or
(1) When obtaining carriage by vessel, ‘‘247.572’’; and noncontiguous trade under Section 27
DoD must consider the extent to which ■ c. By adding paragraph (e) to read as of the Merchant Marine Act, 1920 (46
offerors have had overhaul, repair, and follows: U.S.C. App. 883), commonly referred to
maintenance work for covered vessels as ‘‘Jones Act’’; 46 U.S.C. 12106; and
performed in shipyards located in the 247.574 Solicitation provisions and Section 2 of the Shipping Act, 1916 (46
pwalker on PROD1PC71 with NOTICES

United States or Guam; and contract clauses. U.S.C. App. 802).


(2) DoD must submit an annual report * * * * * Overhaul, repair, and maintenance
to the congressional defense (e) Use the provision at 252.247–7026, work means work requiring a pierside
committees, addressing the information Evaluation Preference for Use of shipyard period greater than or equal to
provided by offerors with regard to Domestic Shipyards—Applicable to 15 calendar days.

VerDate Aug<31>2005 16:51 Aug 27, 2007 Jkt 211001 PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 E:\FR\FM\28AUR1.SGM 28AUR1
Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations 49207

Shipyards means fixed facilities with upgraded tire performance requirements 109, 110, 119, and 139, all of which are
drydocks and fabrication equipment for new tires for use on vehicles with a tire-related standards. This final rule
capable of building a ship, defined as gross vehicle weight rating of 10,000 also denies a petition by Advocates for
watercraft typically suitable or intended pounds or less. In January 2006, NHTSA Highway and Auto Safety (Advocates)
for other than personal or recreational published a final rule; response to for reconsideration of the January 2006
use. petitions for reconsideration, which final rule; response to petitions for
(b) This solicitation includes an modified certain performance reconsideration, regarding the agency’s
evaluation factor that considers the requirements to better address snow requirements with respect to the
extent to which the offeror has had tires and certain specialty tires. This endurance test for snow tires.
overhaul, repair, and maintenance work document responds to a petition for
for covered vessels performed in II. Background
reconsideration of the January 2006
shipyards located in the United States rule. After carefully considering the The Transportation Recall
or Guam. issues raised, the agency is denying the Enhancement, Accountability, and
(c) The offeror shall provide the petition. We are also making a number Documentation (TREAD) Act, Section
following information with its offer, of technical corrections in several tire- 10, ‘‘Endurance and resistance
addressing all covered vessels for which related Federal safety standards. standards for tires,’’ required NHTSA to
overhaul, repair, and maintenance work DATES: The amendments in this rule are revise and update FMVSS No. 109, New
has been performed during the period effective September 1, 2007. Voluntary pneumatic tires, and FMVSS No. 119,
covering the current calendar year, up to compliance is permitted before that New pneumatic tires for vehicles other
the date of proposal submission, and the date. If you wish to submit a petition for than passenger cars.1 In response to this
preceding four calendar years: reconsideration of this rule, your mandate, NHTSA published a final rule
(1) Name of vessel. petition must be received October 12, on June 26, 2003, establishing FMVSS
(2) Description of qualifying shipyard No. 139, New pneumatic radial tires for
2007
work performed. light vehicles, which will apply to new
(3) Name of shipyard that performed ADDRESSES: Petitions for reconsideration tires used on light vehicles; i.e., vehicles
the work. should refer to the docket number and with a gross vehicle weight rating
(4) Inclusive dates of work performed. be submitted to: Administrator, National (GVWR) of 10,000 pounds or less,
(5) Cost of work performed. Highway Traffic Safety Administration, except motorcycles and low speed
(d) Offerors are responsible for 1200 New Jersey Avenue, SE., West vehicles.2
submitting accurate information. The Building, 4th Floor, Washington, DC The new standard is scheduled to
Contracting Officer— 20590. Please see the Privacy Act become effective on September 1, 2007.
(1) Will use the information to heading under Regulatory Notices. It features substantially more stringent
evaluate offers in accordance with the FOR FURTHER INFORMATION CONTACT: For high speed and endurance tests, and a
criteria specified in the solicitation; and technical and policy issues, contact
(2) Reserves the right to request new low-pressure performance test. The
George Soodoo, Office of Crash purpose of the new and more stringent
supporting documentation if
Avoidance Standards, by telephone at requirements is to improve the ability of
determined necessary in the proposal
(202) 366–2720, or by fax at (202) 366– tires to withstand the effects of tire heat
evaluation process.
(e) The Department of Defense will 4329. build-up and severe under-inflation
For legal issues, contact Rebecca during highway travel in fully loaded
provide the information submitted in
Schade, Office of the Chief Counsel, by conditions. Unlike the existing tire
response to this provision to the
telephone at (202) 366–2992, or by fax safety standards, which previously
congressional defense committees, as
at (202) 366–3820. differentiated between light trucks and
required by Section 1017 of Public Law
Both persons may be reached by mail passenger cars,3 FMVSS No. 139 applies
109–364.
at the following address: National to tires used on both.
(End of provision) Highway Traffic Safety Administration, In a January 2006 final rule; response
[FR Doc. E7–17037 Filed 8–27–07; 8:45 am] U.S. Department of Transportation, 1200 to petitions for reconsideration,4 the
BILLING CODE 5001–08–P
New Jersey Avenue, SE., Washington, agency reduced the test speed for the
DC 20590. tire endurance and low-inflation
SUPPLEMENTARY INFORMATION: pressure performance tests in FMVSS
DEPARTMENT OF TRANSPORTATION No. 139, paragraphs S6.3.1.2.3 and
Table of Contents
S6.4.1.2.1, from 120 km/h (75 mph) to
National Highway Traffic Safety I. Summary of Final Rule; Technical 110 km/h (68 mph) for all passenger car
Amendments; Response to Petition for snow tires and light truck snow tires
Administration Reconsideration
II. Background
with load ranges of C, D, and E. The
49 CFR Part 571 III. Petition for Reconsideration other test parameters—inflation
IV. Discussion and Analysis pressure, duration, load, and ambient
[Docket No. NHTSA–2007–29083]
V. Technical Corrections to the Regulatory temperature—remained unchanged.
Federal Motor Vehicle Safety Text For snow tires, the endurance test is
Standards; Tires VI. Effective Date a 34-hour test conducted at a speed of
VII. Rulemaking Notices and Analyses 110 km/h (68 mph) with a tire inflation
AGENCY: National Highway Traffic VIII. Regulatory Text
Safety Administration (NHTSA), I. Summary of Final Rule; Technical
1 Pub. L. 106–414, November 1, 2000, 114 Stat.

Department of Transportation. 1800.


Amendments; Response to Petition for 2 68 FR 38115 (June 26, 2003); Docket No.
pwalker on PROD1PC71 with NOTICES

ACTION: Final rule; technical Reconsideration NHTSA–2003–15400.


amendments; response to petitions for 3 Historically, FMVSS No. 109 applied to tires for
reconsideration. This final rule makes several
passenger cars, and FMVSS No. 119 applied to tires
technical corrections and amendments for use on all other vehicles, including light trucks.
SUMMARY: In June 2003, NHTSA to the regulatory text of Federal Motor 4 71 FR 877 (Jan. 6, 2006); Docket No. NHTSA–

published a final rule establishing Vehicle Safety Standard (FMVSS) Nos. 2005–23439.

VerDate Aug<31>2005 16:51 Aug 27, 2007 Jkt 211001 PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 E:\FR\FM\28AUR1.SGM 28AUR1