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DOD/DARC

RIN: 0750-AG25

Publication ID: Spring 2011

Title: Defense Cargo Riding Gang Member (DFARS Case 2007-D002)
Abstract: This rule, published as an interim rule at 75 FR 65437 on October 25, 2010, amended the Defense Federal Acquisition Regulation Supplement (DARS) to implement section 3504 of the National Defense Authorization Act for Fiscal Year 2009. Section 3504 addresses requirements that apply to persons who perform work on U.S. flag vessels under DoD contracts for transportation services (called riding gang members). Members of "riding gangs" perform work beyond standard vessel maintenance and repair while U.S. flag ships are underway. Such riding gang members must hold a U.S. merchant Mariner's Document or a transportation security card. Section 3504 also permits exemptions for certain individuals, provided a background check of the individual is conducted. In accordance with the rule, DoD may not award, renew, or extend, or exercise an option under a charter of, or contract for transport of cargo by, a U.S. flag vessel unless the contract contains the requirements to be met for riding gang members aboard U.S. flag ships transporting DoD cargo. The requirements of the rule will apply only to entities interested in receiving DoD contracts for transport of DoD cargo. DoD invited comments from small businesses and other interested parties on the impact of this rule on small entities because it was unable to determine the impact with any accuracy.
Agency: Department of Defense(DOD)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 48 CFR 247 48 CFR 252
Legal Authority: PL 109-364, sec 1018

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	10/25/2010	75 FR 65437
Interim Final Rule Effective	10/25/2010
Interim Final Rule Comment Period End	12/27/2010
Final Action	06/00/2011

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Ynette R. Shelkin Editor, Defense Acquisition Regulations System Department of Defense Defense Acquisition Regulations Council OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060 Phone:571 372-6089 Email: ynette.shelkin@osd.mil