[Federal Register: May 22, 2007 (Volume 72, Number 98)]
[Proposed Rules]               
[Page 28662-28663]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 207

RIN 0750-AF39

Defense Federal Acquisition Regulation Supplement; Lease of 
Vessels, Aircraft, and Combat Vehicles (DFARS Case 2006-D013)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Proposed rule with request for comments.


SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to address statutory provisions relating 
to leasing. The proposed rule permits the lease of a vessel, aircraft, 
or combat vehicle only if the contract will be long-term or will 
provide for a substantial termination liability.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before July 23, 2007, to be considered in 
the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2006-D013, 
using any of the following methods:
     Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. 

Follow the instructions for submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2006-D013 in the 
subject line of the message.
     Fax: (703) 602-7887.
     Mail: Defense Acquisition Regulations System, Attn: Mr. 
Gary Delaney, OUSD (AT&L) DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
    Comments received generally will be posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov
, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Gary Delaney, (703) 602-8384.


A. Background

    10 U.S.C. 2401, as amended by Section 815 of the National Defense 
Authorization Act for Fiscal Year 2006 (Pub. L. 109-163), permits DoD 
to award a contract for the lease of a vessel, aircraft, or combat 
vehicle only if the contract will be long-term or will provide for a 
substantial termination liability, and if the Secretary concerned 
fulfills certain other requirements. Prior to the enactment of Public 
Law 109-163, the provisions of 10 U.S.C. 2401 applied to vessels and 
aircraft; Section 815 of Public Law 109-163 amended 10 U.S.C. 2401 to 
also include combat vehicles. This proposed rule amends DFARS 207.470 
to reflect the statutory provisions.
    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 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 
relates primarily to DoD planning and budget considerations with regard 
to leasing of vessels, aircraft, and combat vehicles. 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 subpart in accordance with 5 U.S.C. 610. Such comments 
should be submitted separately and should cite DFARS Case 2006-D013.

[[Page 28663]]

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any 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 Part 207

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
    Therefore, DoD proposes to amend 48 CFR part 207 as follows:


    1. The authority citation for 48 CFR part 207 continues to read as 

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

    2. Section 207.470 is amended as follows:
    a. By redesignating paragraphs (a) and (b) as paragraphs (b) and 
(c) respectively;
    b. By adding a new paragraph (a); and
    c. In newly designated paragraph (c), by removing ``Except as 
provided in paragraph (a) of this section'' and adding in its place 
``Except as provided in paragraphs (a) and (b) of this section''. The 
new paragraph (a) reads as follows:

207.470  Statutory requirements.

    (a) Requirement for statutory authorization for certain contracts 
relating to vessels, aircraft, and combat vehicles. The contracting 
officer shall not enter into any contract for any vessel, aircraft, or 
combat vehicle, through a lease, charter, or similar agreement, or for 
services that provide for the use of the contractor's vessel, aircraft, 
or combat vehicle, unless--
    (1) The head of the agency has satisfied the requirements of 10 
U.S.C. 2401; and
    (2)(i) The contract will be a long-term lease, charter, or similar 
agreement (10 U.S.C. 2401(d)(1)); or
    (ii) The terms of the contract provide for a substantial 
termination liability (10 U.S.C. 2401(d)(2)).
* * * * *
[FR Doc. E7-9744 Filed 5-21-07; 8:45 am]