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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
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