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6484 Federal Register / Vol. 72, No.

28 / Monday, February 12, 2007 / Rules and Regulations

the binary number is never repeated on alternative to use of the Standard Form (A) Aviation fuel and oil. The
any and all contracts) and conforms to 44, Purchase Order-Invoice-Voucher. Aviation Into-plane Reimbursement
the requirements in paragraph (d) of this This final rule amends DFARS 213.306 (AIR) card may be used instead of an SF
clause; to address use of the AIR card. In 44 for aviation fuel and oil (see http://
(2) Use passive tags that are readable; addition, the rule amends DFARS www.desc.dla.mil);
and 213.301 to clarify that DoD has multiple * * * * *
(3) Ensure that the passive tag is fuel card programs. [FR Doc. E7–2210 Filed 2–9–07; 8:45 am]
affixed at the appropriate location on DoD published a proposed rule at 71 BILLING CODE 5001–08–P
the specific level of packaging, in FR 34867 on June 16, 2006. DoD
accordance with MIL–STD–129 (Section received no comments on the proposed
4.9.2) tag placement specifications. rule and has adopted the proposed rule DEPARTMENT OF DEFENSE
(d) Data syntax and standards. The as a final rule without change.
Contractor shall encode an approved This rule was not subject to Office of Defense Acquisition Regulations
RFID tag using the instructions provided Management and Budget review under System
in the EPCTM Tag Data Standards in Executive Order 12866, dated
effect at the time of contract award. The September 30, 1993. 48 CFR Part 225
EPCTM Tag Data Standards are available
at http://www.epcglobalinc.org/ B. Regulatory Flexibility Act RIN 0750–AF32
standards/. DoD certifies that this final rule will Defense Federal Acquisition
* * * * * not have a significant economic impact Regulation Supplement; Berry
[FR Doc. E7–2209 Filed 2–9–07; 8:45 am] on a substantial number of small entities Amendment Exceptions—Acquisition
BILLING CODE 5001–08–P
within the meaning of the Regulatory of Perishable Food and Fish, Shellfish,
Flexibility Act, 5 U.S.C. 601, et seq., or Seafood (DFARS Case 2006–D005)
because the Aviation Into-plane
DEPARTMENT OF DEFENSE Reimbursement card is an alternative to AGENCY: Defense Acquisition
use of the Standard Form 44, Purchase Regulations System, Department of
Defense Acquisition Regulations Order-Invoice-Voucher, designed Defense (DoD).
System primarily for on-the-spot, over-the- ACTION: Final rule.
counter purchases while away from the
48 CFR Part 213 purchasing office or at isolated SUMMARY: DoD has adopted as final,
activities. without change, an interim rule
RIN 0750–AF42 amending the Defense Federal
C. Paperwork Reduction Act Acquisition Regulation Supplement
Defense Federal Acquisition
The Paperwork Reduction Act does (DFARS) to implement Section 831 of
Regulation Supplement; Aviation Into-
not apply, because the rule does not the National Defense Authorization Act
Plane Reimbursement Card (DFARS
impose any information collection for Fiscal Year 2006 and Section 8118
Case 2006-D017)
requirements that require the approval of the Defense Appropriations Act for
AGENCY: Defense Acquisition of the Office of Management and Budget Fiscal Year 2005. These statutes relate to
Regulations System, Department of under 44 U.S.C. 3501, et seq. the acquisition of perishable foods for
Defense (DoD). DoD activities located outside the
List of Subjects in 48 CFR Part 213 United States, and the acquisition of
ACTION: Final rule.
Government procurement. domestic fish, shellfish, and seafood.
SUMMARY: DoD has issued a final rule EFFECTIVE DATE: February 12, 2007.
Michele P. Peterson,
amending the Defense Federal FOR FURTHER INFORMATION CONTACT: Ms.
Acquisition Regulation Supplement Editor, Defense Acquisition Regulations
System. Amy Williams, Defense Acquisition
(DFARS) to update text pertaining to Regulations System,
DoD fuel card programs. The rule ■Therefore, 48 CFR Part 213 is
OUSD(AT&L)DPAP(DARS), IMD 3C132,
addresses use of the Aviation Into-plane amended as follows:
3062 Defense Pentagon, Washington, DC
Reimbursement card for purchases of 20301–3062. Telephone (703) 602–0328;
aviation fuel and oil. PART 213—SIMPLIFIED ACQUISITION
PROCEDURES facsimile (703) 602–0350. Please cite
EFFECTIVE DATE: February 12, 2007. DFARS Case 2006–D005.
FOR FURTHER INFORMATION CONTACT: Mr. ■ 1. The authority citation for 48 CFR SUPPLEMENTARY INFORMATION:
Gary Delaney, Defense Acquisition Part 213 continues to read as follows:
Regulations System, A. Background
Authority: 41 U.S.C. 421 and 48 CFR
OUSD(AT&L)DPAP(DARS), IMD 3C132, Chapter 1. DoD published an interim rule at 71
3062 Defense Pentagon, Washington, DC FR 34832 on June 16, 2006, to
20301–3062. Telephone (703) 602–8384; 213.301 [Amended] implement Section 831 of the National
facsimile (703) 602–0350. Please cite ■ 2. Section 213.301 is amended in Defense Authorization Act for Fiscal
DFARS Case 2006–D017. paragraph (4), in the second sentence, Year 2006 (Pub. L. 109–163) and Section
SUPPLEMENTARY INFORMATION: by removing ‘‘program’’ and adding in 8118 of the Defense Appropriations Act
its place ‘‘programs’’. for Fiscal Year 2005 (Pub. L. 108–287).
A. Background Section 831 of Public Law 109–163
■ 3. Section 213.306 is amended by
DoD uses the Aviation Into-plane revising paragraph (a)(1)(A) to read as amended 10 U.S.C. 2533a(d)(3) to
Reimbursement (AIR) card for purchases expand the exception that permits the
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follows:
of aviation fuel and oil at commercial acquisition of non-domestic perishable
airport facilities. The AIR card is a 213.306 SF 44, Purchase Order-Invoice- foods by activities located outside the
centrally-billed, Government Voucher. United States, to also permit the
commercial purchase card that is an (a)(1) * * * acquisition of such foods by activities

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Federal Register / Vol. 72, No. 28 / Monday, February 12, 2007 / Rules and Regulations 6485

that are making purchases on behalf of DEPARTMENT OF DEFENSE Executive Order 12866, dated
activities located outside the United September 30, 1993.
States. Section 8118 of Public Law 108– Defense Acquisition Regulations
System B. Regulatory Flexibility Act
287 established a permanent
requirement for the acquisition of DoD certifies that this final rule will
domestic fish, shellfish, and seafood, 48 CFR Part 233 not have a significant economic impact
including fish, shellfish, and seafood RIN 0750–AE01
on a substantial number of small entities
contained in foods manufactured or within the meaning of the Regulatory
processed in the United States. This Defense Federal Acquisition Flexibility Act, 5 U.S.C. 601, et seq.,
Regulation Supplement; Protests, because the rule makes no significant
requirement previously had been
Disputes, and Appeals (DFARS Case change to DoD policy regarding
included in Defense Appropriations
2003–D010) consideration of claims submitted by
Acts on an annual basis.
contractors.
DoD received no comments on the AGENCY: Defense Acquisition
interim rule. Therefore, DoD has Regulations System, Department of C. Paperwork Reduction Act
adopted the interim rule as a final rule Defense (DoD). The Paperwork Reduction Act does
without change. ACTION: Final rule. not apply, because the rule does not
This rule was not subject to Office of impose any information collection
SUMMARY: DoD has issued a final rule requirements that require the approval
Management and Budget review under amending the Defense Federal of the Office of Management and Budget
Executive Order 12866, dated Acquisition Regulation Supplement under 44 U.S.C. 3501, et seq.
September 30, 1993. (DFARS) to update text addressing
procedures for processing of contractor List of Subjects in 48 CFR Part 233
B. Regulatory Flexibility Act
claims submitted under DoD contracts. Government procurement.
DoD certifies that this final rule will The rule removes obsolete text and
relocates text to the DFARS companion Michele P. Peterson,
not have a significant economic impact
resource, Procedures, Guidance, and Editor, Defense Acquisition Regulations
on a substantial number of small entities
Information. System.
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., EFFECTIVE DATE: February 12, 2007. ■Therefore, 48 CFR Part 233 is
because the rule applies only to: (1) The amended as follows:
FOR FURTHER INFORMATION CONTACT: Ms.
acquisition of perishable foods for DoD Felisha Hitt, Defense Acquisition PART 233—PROTESTS, DISPUTES,
activities located outside the United Regulations System, AND APPEALS
States, and (2) continuation of the OUSD(AT&L)DPAP(DARS), IMD 3C132,
existing requirement for the acquisition 3062 Defense Pentagon, Washington, DC ■ 1. The authority citation for 48 CFR
of domestic fish, shellfish, and seafood. 20301–3062. Telephone (703) 602–0310; Part 233 continues to read as follows:
facsimile (703) 602–0350. Please cite Authority: 41 U.S.C. 421 and 48 CFR
C. Paperwork Reduction Act
DFARS Case 2003–D010. Chapter 1.
The Paperwork Reduction Act does SUPPLEMENTARY INFORMATION: 233.204 [Removed]
not apply, because the rule does not
A. Background ■ 2. Section 233.204 is removed.
impose any information collection
requirements that require the approval This final rule— ■ 3. Section 233.210 is revised to read
of the Office of Management and Budget • Removes text at DFARS 233.204 as follows:
under 44 U.S.C. 3501, et seq. regarding research of a contractor’s
history of filing claims during a 233.210 Contracting officer’s authority.
List of Subjects in 48 CFR Part 225 contracting officer’s review of a current See PGI 233.210 for guidance on
claim. Text on this subject has been reviewing a contractor’s claim.
Government procurement.
relocated to the DFARS companion [FR Doc. E7–2211 Filed 2–9–07; 8:45 am]
Michele P. Peterson, resource, Procedures, Guidance, and BILLING CODE 5001–08–P
Editor, Defense Acquisition Regulations Information (PGI) at http://
System. www.acq.osd.mil/dpap/dars/pgi; and
• Revises DFARS 233.210 to remove DEPARTMENT OF DEFENSE
Interim Rule Adopted as Final Without an obsolete cross-reference and to add a
Change reference to the guidance added to PGI Defense Acquisition Regulations
regarding review of a contractor’s claim. System
■ Accordingly, the interim rule DoD published a proposed rule at 71
amending 48 CFR Part 225, which was FR 34867 on June 16, 2006. The 48 CFR Part 237
published at 71 FR 34832 on June 16, proposed rule had provided for total
2006, is adopted as a final rule without elimination of the text at DFARS RIN 0750–AF37
change. 233.204 and 233.210. One source
submitted comments on the proposed Defense Federal Acquisition
[FR Doc. E7–2206 Filed 2–9–07; 8:45 am] Regulation Supplement; Security-
rule, recommending that, instead of
BILLING CODE 5001–08–P
total elimination, the text at DFARS Guard Services Contracts (DFARS
233.204 should be relocated to PGI. DoD Case 2006–D011)
has adopted this recommendation and
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AGENCY: Defense Acquisition


has included the corresponding changes Regulations System, Department of
in the final rule. Defense (DoD).
This rule was not subject to Office of
ACTION: Final rule.
Management and Budget review under

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