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1830 Federal Register / Vol. 73, No.

7 / Thursday, January 10, 2008 / Rules and Regulations

Information Assurance Contractor DATES: Effective Date: January 10, 2008. 2007, is adopted as a final rule without
Training and Certification (JAN 2008) FOR FURTHER INFORMATION CONTACT: Ms. change.
(a) The Contractor shall ensure that Amy Williams, Defense Acquisition [FR Doc. E8–201 Filed 1–9–08; 8:45 am]
personnel accessing information Regulations System, OUSD (AT&L) BILLING CODE 5001–08–P
systems have the proper and current DPAP (DARS), IMD 3D139, 3062
information assurance certification to Defense Pentagon, Washington, DC
perform information assurance 20301–3062. Telephone 703–602–0328; DEPARTMENT OF DEFENSE
functions in accordance with DoD facsimile 703–602–7887. Please cite
8570.01–M, Information Assurance DFARS Case 2006–D062. Defense Acquisition Regulations
Workforce Improvement Program. The SUPPLEMENTARY INFORMATION: System
Contractor shall meet the applicable
information assurance certification A. Background 48 CFR Part 252 and Appendix F to
requirements, including— DoD published an interim rule at 72 Chapter 2
(1) DoD-approved information FR 14242 on March 27, 2007, to
assurance workforce certifications RIN 0750–AF53
implement the Dominican Republic-
appropriate for each category and level Central America-United States Free
as listed in the current version of DoD Defense Federal Acquisition
Trade Agreement with respect to the Regulation Supplement; Receiving
8570.01–M; and Dominican Republic, and to add
(2) Appropriate operating system Reports for Shipments (DFARS Case
Bulgaria and Romania to the list of 2006–D024)
certification for information assurance
countries covered by the World Trade
technical positions as required by DoD AGENCY: Defense Acquisition
Organization Government Procurement
8570.01–M. Regulations System, Department of
Agreement.
(b) Upon request by the Government, Defense (DoD).
DoD received no comments on the
the Contractor shall provide
interim rule. Therefore, DoD has ACTION: Final rule.
documentation supporting the
adopted the interim rule as a final rule
information assurance certification SUMMARY: DoD has issued a final rule
without change.
status of personnel performing This rule was not subject to Office of amending the Defense Federal
information assurance functions. Management and Budget review under Acquisition Regulation Supplement
(c) Contractor personnel who do not (DFARS) to address requirements for the
Executive Order 12866, dated
have proper and current certifications distribution of material inspection and
September 30, 1993.
shall be denied access to DoD receiving reports under DoD contracts.
information systems for the purpose of B. Regulatory Flexibility Act The rule clarifies that two copies of the
performing information assurance DoD certifies that this final rule will receiving report must be distributed
functions. not have a significant economic impact with each shipment.
(End of clause) on a substantial number of small entities DATES: Effective Date: January 10, 2008.
[FR Doc. E8–193 Filed 1–9–08; 8:45 am] within the meaning of the Regulatory FOR FURTHER INFORMATION CONTACT: Mr.
BILLING CODE 5001–08–P Flexibility Act, 5 U.S.C. 601, et seq. Michael Benavides, Defense Acquisition
Although the rule opens up DoD Regulations System, OUSD (AT&L)
procurement to the products of Bulgaria, DPAP (DARS), IMD 3D139, 3062
DEPARTMENT OF DEFENSE the Dominican Republic, and Romania, Defense Pentagon, Washington, DC
there will be no significant impact on 20301–3062. Telephone 703–602–1302;
Defense Acquisition Regulations U.S. small businesses. DoD applies the facsimile 703–602–7887. Please cite
System trade agreements to only those non- DFARS Case 2006–D024.
defense items listed at DFARS 225.401– SUPPLEMENTARY INFORMATION:
48 CFR Part 252 70, and procurements that are set aside
RIN 0750–AF57 for small businesses are exempt from A. Background
application of the trade agreements. The clause at DFARS 252.246–7000,
Defense Federal Acquisition Material Inspection and Receiving
C. Paperwork Reduction Act
Regulation Supplement; New Report, contains requirements for
Designated Countries (DFARS Case This rule affects the certification and preparing and furnishing material
2006–D062) information collection requirements in inspection and receiving reports to the
the provisions at DFARS 252.225–7020 Government. Contractors can satisfy
AGENCY: Defense Acquisition and 252.225–7035, currently approved
Regulations System, Department of material inspection and receiving report
under Office of Management and Budget requirements by using DD Form 250, in
Defense (DoD). Control Number 0704–0229. The
ACTION: Final rule. a manner and to the extent required by
impact, however, is negligible. DFARS Appendix F, or by using the
SUMMARY: DoD has adopted as final, List of Subjects in 48 CFR Part 252 Wide Area WorkFlow-Receipt and
without change, an interim rule Government procurement. Acceptance (WAWF–RA) electronic
amending the Defense Federal form. This rule clarifies that two copies
Acquisition Regulation Supplement Michele P. Peterson, of the receiving report (paper copies of
(DFARS) to implement the Dominican Editor, Defense Acquisition Regulations either the DD Form 250 or the WAWF-
Republic-Central America-United States System. RA report) must be distributed with the
Free Trade Agreement with respect to Interim Rule Adopted as Final Without shipment in accordance with DFARS
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the Dominican Republic. The rule also Change Appendix F. Such clarification is
includes Bulgaria and Romania on the needed to ensure proper identification
list of countries covered by the World ■ Accordingly, the interim rule of all shipments.
Trade Organization Government amending 48 CFR Part 252, which was DoD published a proposed rule at 71
Procurement Agreement. published at 72 FR 14242 on March 27, FR 65769 on November 9, 2006. Three

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Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Rules and Regulations 1831

sources submitted comments on the identification (UID) tab, where the at 252.232–7003) fulfills the
proposed rule. A discussion of the contractor lists UIDs and serial numbers requirement for a material inspection
comments is provided below. for items requiring them. and receiving report (DD Form 250).
1. Comment: One respondent stated DoD Response: The respondent’s Two copies of the receiving report
that the rule would increase comment has been noted; however, the (paper copies of either the DD Form 250
administrative costs by significantly content of the WAWF–RA receiving or the WAWF–RA report) shall be
increasing paperwork creation, report is outside the scope of this distributed with the shipment, in
administration, and coordination. The DFARS rule. accordance with Appendix F, Part 4, F–
respondent recommended that, at a This rule was not subject to Office of 401, Table 1, of the Defense FAR
minimum, alternative language be Management and Budget review under Supplement.
added to allow the use of contractor Executive Order 12866, dated ■ 3. Appendix F to chapter 2 is
format DD Form 250 material inspection September 30, 1993. amended in Part 4, Section F–401, by
and receiving reports instead of WAWF- revising paragraph (a) to read as follows:
B. Regulatory Flexibility Act
RA report printing.
DoD Response: Contractors presently DoD certifies that this final rule will Appendix F—Material Inspection and
are responsible for distributing DD Form not have a significant economic impact Receiving Report
250 in accordance with DFARS on a substantial number of small entities * * * * *
Appendix F, Part 4, F–401, using the within the meaning of the Regulatory
instructions in Tables 1 and 2, which Flexibility Act, 5 U.S.C. 601, et seq., F–401 Distribution
require distribution of two copies with because the rule makes no significant (a) The contractor is responsible for
each shipment. Therefore, the change to DoD policy for preparation distributing the DD Form 250, including
requirement for contractors to print and use of material inspection and mailing and payment of postage. Use of the
copies of the WAWF–RA report instead Wide Area WorkFlow-Receipt and
receiving reports.
Acceptance (WAWF–RA) electronic form
of the DD Form 250 will not satisfies the distribution requirements of this
C. Paperwork Reduction Act
significantly increase the cost or effort section, except for the copies required to
of preparing shipping documents. Only The information collection accompany shipment.
the forms already in WAWF–RA must requirements for DoD material
* * * * *
be printed; thus this should not be a inspection and receiving reports have
been approved by the Office of [FR Doc. E8–178 Filed 1–9–08; 8:45 am]
significant administrative burden.
Management and Budget, under Control BILLING CODE 5001–08–P
However, to allow flexibility, DoD has
amended the rule to incorporate the Number 0704–0248, for use through
respondent’s recommendation that March 31, 2008.
contractors be allowed to use the DD DEPARTMENT OF COMMERCE
List of Subjects in 48 CFR Part 252
Form 250 instead of a printed WAWF–
RA form. Government procurement. National Oceanic and Atmospheric
2. Comment: One respondent stated Administration
Michele P. Peterson,
that the requirement for two paper
Editor, Defense Acquisition Regulations 50 CFR Part 679
copies to be distributed with shipments System.
would create unnecessary costs and [Docket No. 070213032–7032–01]
additional administrative burdens for ■ Therefore, 48 CFR part 252 and
many vendors and would unnecessarily Appendix F to chapter 2 are amended RIN 0648–XE84
duplicate the electronic process, as follows:
■ 1. The authority citation for 48 CFR Fisheries of the Exclusive Economic
thwarting the goal of the WAWF–RA Zone Off Alaska; Inseason Adjustment
being a paperless system. The part 252 and Appendix F to subchapter
I continues to read as follows: to the 2008 Gulf of Alaska Pollock
respondent further suggested that this Total Allowable Catch Amount
and similar issues be addressed through Authority: 41 U.S.C. 421 and 48 CFR
the DFARS Procedures, Guidance, and Chapter 1. AGENCY: National Marine Fisheries
Information (PGI) web page rather than Service (NMFS), National Oceanic and
as a change to the DFARS. PART 252—SOLICITATION Atmospheric Administration (NOAA),
DoD Response: Printed copies of the PROVISIONS AND CONTRACT Commerce.
receiving report are needed for each CLAUSES
ACTION: Temporary rule; inseason
shipment to eliminate costly stocking, ■ 2. Section 252.246–7000 is amended adjustment; request for comments.
payment, and frustrated cargo issues by revising the clause date and
now affecting both DoD and contractors. SUMMARY: NMFS is adjusting the 2008
paragraph (b) to read as follows: total allowable catch (TAC) amounts for
As noted in the response to Comment 1,
contractors already are responsible for 252.246–7000 Material Inspection and pollock in the Gulf of Alaska (GOA).
distributing copies of DD Form 250 with Receiving Report. This action is necessary because NMFS
the shipment. Therefore, this rule will * * * * * has determined these TACs are
not significantly increase the cost or incorrectly specified. This action will
effort of preparing shipping documents. Material Inspection and Receiving ensure the GOA pollock TACs do not
The respondent’s recommendation to Report (JAN 2008) exceed the appropriate amount based on
address this issue through PGI is not a * * * * * the best available scientific information
feasible solution, since this issue relates (b) Contractor submission of the for pollock in the GOA. This action is
to contractor requirements, whereas PGI material inspection and receiving consistent with the goals and objectives
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addresses internal DoD procedures and information required by Appendix F of of the Fishery Management Plan for
guidance. the Defense FAR Supplement by using Groundfish of the Gulf of Alaska Area
3. Comment: One respondent stated the Wide Area WorkFlow-Receipt and (FMP).
that the WAWF–RA receiving report Acceptance (WAWF–RA) electronic DATES: Effective 1200 hrs, Alaska local
does not include the unique form (see paragraph (b)(1) of the clause time (A.l.t.), January 7, 2008, until the

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