2644 Federal Register / Vol. 71, No. 13 / Monday, January 22, 2007 / Proposed Rules 

requirements have remained the same 

for each year of regulation. These 

requirements have been approved by the 

Office of Management and Budget under 

OMB Control No. 0581–0065. 

Accordingly, this rule would not impose 

any additional reporting or 

recordkeeping requirements on either 

small or large spearmint oil producers 

and handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. 

The AMS is committed to complying 

with the E-Government Act, to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

spearmint oil industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the October 4, 

2006, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

Finally, interested persons are invited to 

submit information on the regulatory 

and informational impacts of this action 

on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

A 30-day comment period is provided 

to allow interested persons the 

opportunity to respond to this proposal. 

This comment period is deemed 

appropriate so that a final determination 

can be made prior to June 1, 2007, the 

beginning of the 2007–2008 marketing 

year. All written comments timely 

received will be considered before a 

final determination is made on this 

matter. 

List of Subjects in 7 CFR Part 985 

Marketing agreements, Oils and fats, 

Reporting and recordkeeping 

requirements, Spearmint oil. 

For the reasons set forth in the 

preamble, 7 CFR Part 985 is proposed to 

be amended as follows: 

PART 985—MARKETING ORDER 

REGULATING THE HANDLING OF 

SPEARMINT OIL PRODUCED IN THE 

FAR WEST 

1. The authority citation for 7 CFR 

part 985 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. A new § 985.226 is added to read 

as follows: 

[Note: This section will not appear in the 

Code of Federal Regulations.] 

§ 985.226 Salable quantities and allotment 

percentages—2007–2008 marketing year. 

The salable quantity and allotment 

percentage for each class of spearmint 

oil during the marketing year beginning 

on June 1, 2007, shall be as follows: 

(a) Class 1 (Scotch) oil—a salable 

quantity of 886,667 pounds and an 

allotment percentage of 45 percent. 

(b) Class 3 (Native) oil—a salable 

quantity of 1,062,336 pounds and an 

allotment percentage of 48 percent. 

Dated: January 16, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–764 Filed 1–19–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 239 and 252 

RIN 0750–AF52 

Defense Federal Acquisition 

Regulation Supplement; Information 

Assurance Contractor Training and 

Certification (DFARS Case 2006–D023) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

address training requirements that apply 

to contractor personnel who perform 

information assurance functions for 

DoD. The rule provides that contractor 

personnel accessing information 

systems must meet applicable training 

and certification requirements. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

March 23, 2007, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2006–D023, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2006–D023 in the subject 

line of the message. 

• Fax: (703) 602–0350. 

• Mail: Defense Acquisition 

Regulations System, Attn: Ms. Felisha 

Hitt, 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 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Felisha Hitt, (703) 602–0310. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This proposed rule implements 

requirements of the Federal Information 

Security Management Act of 2002 (44 

U.S.C. 3541); DoD Directive 8570.1, 

Information Assurance Training, 

Certification, and Workforce 

Management; and DoD Manual 8570.01–

M, Information Assurance Workforce 

Improvement Program. The rule 

contains a clause for use in contracts 

involving contractor performance of 

information assurance functions. The 

clause requires the contractor to ensure 

that personnel accessing information 

systems are properly trained and 

certified. 

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 has prepared an initial regulatory 

flexibility analysis consistent with 5 

U.S.C. 603. The analysis is summarized 

as follows: 

DoD is proposing amendments to the 

DFARS to implement DoD Directive 

8570.1, Information Assurance Training, 

Certification, and Workforce 

Management, and DoD Manual 8570.01–

M, Information Assurance Workforce 

Improvement Program, with regard to 

DoD contractor personnel. The DoD 

directive and manual are based on the 

provisions of the Federal Information 

Security Management Act of 2002, 

which requires proper training and 

oversight of personnel with information 

security responsibilities. The objective 


rmajette on PROD1PC67 with PROPOSALS
Federal Register / Vol. 71, No. 13 / Monday, January 22, 2007 / Proposed Rules 2645 

of the proposed rule is to ensure that 

contractor personnel who have access to 

DoD information systems are properly 

trained and managed. The legal basis for 

the rule is 44 U.S.C. 3541. The proposed 

rule will apply to entities that perform 

information assurance functions for 

DoD. Approximately 83 small business 

concerns fall into this category 

annually. Contractors performing 

information assurance functions will be 

required to ensure that personnel 

accessing information systems have the 

proper and current information 

assurance certification to perform 

information assurance functions, in 

accordance with DoD 8570.01–M. No 

special skills are required for this 

compliance requirement. The proposed 

rule does not duplicate, overlap, or 

conflict with any other relevant Federal 

rules. 

A copy of the analysis may be 

obtained from the point of contact 

specified herein. DoD invites comments 

from small businesses and other 

interested parties. DoD also will 

consider comments from small entities 

concerning the affected DFARS subparts 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2006–D023. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the proposed rule 

does not contain 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 Parts 239 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR parts 239 and 252 as follows: 

1. The authority citation for 48 CFR 

parts 239 and 252 continues to read as 

follows: 

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

Chapter 1. 

PART 239—ACQUISITION OF 

INFORMATION TECHNOLOGY 

2. Section 239.7102–1 is amended by 

adding paragraphs (a)(7) and (8) to read 

as follows: 

239.7102–1 General. 

(a) * * * 

(7) DoD Directive 8570.1, Information 

Assurance Training, Certification, and 

Workforce Management; and 

(8) DoD 8570.01–M, Information 

Assurance Workforce Improvement 

Program. 

* * * * * 

3. Section 239.7102–3 is added to 

read as follows: 

239.7102–3 Information assurance 

contractor training and certification. 

(a) For acquisitions that include 

information assurance functional 

services for DoD information systems, or 

that require any appropriately cleared 

contractor personnel to access a DoD 

information system to perform contract 

duties, the requiring activity is 

responsible for providing to the 

contracting officer—

(1) A list of information assurance 

functional responsibilities for DoD 

information systems by category (e.g., 

technical or management) and level 

(e.g., computing environment, network 

environment, or enclave); and 

(2) The information assurance 

training, certification, certification 

maintenance, and continuing education 

or sustainment training required for the 

information assurance functional 

responsibilities. 

(b) After contract award, the requiring 

activity is responsible for ensuring that 

the certifications and certification status 

of all contractor personnel performing 

information assurance functions as 

described in DoD 8570.01–M, 

Information Assurance Workforce 

Improvement Program, are in 

compliance with the manual and are 

identified, documented, and tracked. 

See PGI 239.7102–3 for guidance on 

documenting and tracking certifications. 

(c) The responsibilities specified in 

paragraphs (a) and (b) of this section 

apply to all DoD information assurance 

duties supported by a contractor, 

whether performed full-time or parttime as additional or embedded duties, 

and when using a DoD contract, or a 

contract or agreement administered by 

another agency (e.g., under an 

interagency agreement). 

4. Section 239.7103 is revised to read 

as follows: 

239.7103 Contract clauses. 

(a) Use the clause at 252.239–7000, 

Protection Against Compromising 

Emanations, in solicitations and 

contracts involving information 

technology that requires protection 

against compromising emanations. 

(b) Use the clause at 252.239–7XXX, 

Information Assurance Contractor 

Training and Certification, in 

solicitations and contracts involving 

contractor performance of information 

assurance functions as described in DoD 

8570.01–M. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.239–7000 [Amended] 

5. Section 252.239–7000 is amended 

in the introductory text by removing 

‘‘239.7103’’ and adding in its place 

‘‘239.7103(a)’’. 

6. Section 252.239–7XXX is added to 

read as follows: 

252.239–7XXX Information Assurance 

Contractor Training and Certification. 

As prescribed in 239.7103(b), use the 

following clause: 

Information Assurance Contractor Training 

and Certification (XXX 2007) 

(a) The Contractor shall ensure that 

personnel accessing information systems 

have the proper and current information 

assurance certification to perform 

information assurance functions in 

accordance with DoD 8570.01–M, 

Information Assurance Workforce 

Improvement Program. The Contractor shall 

meet the applicable information assurance 

certification requirements, including—

(1) DoD-approved information assurance 

workforce certifications appropriate for each 

category and level as listed in the current 

version of DoD 8570.01–M; and 

(2) Appropriate operating system 

certification for information assurance 

technical positions as required by DoD 

8570.01–M. 

(b) Upon request by the Government, the 

Contractor shall provide documentation 

supporting the information assurance 

certification status of personnel performing 

information assurance functions. 

(c) Contractor personnel who do not have 

proper and current certifications shall be 

denied access to DoD information systems for 

the purpose of performing information 

assurance functions. 

(End of clause) 

[FR Doc. E7–732 Filed 1–19–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AF58 

Defense Federal Acquisition 

Regulation Supplement; Taxpayer 

Identification Numbers (DFARS Case 

2006–D037) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 


rmajette on PROD1PC67 with PROPOSALS