[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58149-58150]
From the Federal Register Online via the Government Publishing 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