Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 2421 

(h) * * * 

(3) Contractor personnel shall report to the 

Combatant Commander or a designee, or 

through other channels such as the military 

police, a judge advocate, or an inspector 

general, any suspected or alleged conduct for 

which there is credible information that such 

conduct— 

(i) Constitutes violation of the law of war; 

or 

(ii) Occurred during any other military 

operations and would constitute a violation 

of the law of war if it occurred during an 

armed conflict. 

* * * * * 

[FR Doc. E9–680 Filed 1–14–09; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 237 

RIN 0750–AF64 

Defense Federal Acquisition 

Regulation Supplement; SecurityGuard Functions (DFARS Case 2006– 

D050) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has adopted as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 343 of 

the National Defense Authorization Act 

for Fiscal Year 2008. Section 343 

extended, through September 30, 2012, 

the period during which contractor 

performance of security-guard functions 

at military installations or facilities is 

authorized to fulfill additional 

requirements resulting from the terrorist 

attacks on the United States on 

September 11, 2001. 

DATES: Effective Date: January 15, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Benavides, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–1302; 

facsimile 703–602–7887. Please cite 

DFARS Case 2006–D050. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 73 

FR 53156 on September 15, 2008, to 

implement Section 343 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181). Section 

343 extended, through September 30, 

2012, the period during which 

contractor performance of securityguard functions at military installations 

or facilities is authorized to fulfill 

additional requirements resulting from 

the terrorist attacks on the United States 

on September 11, 2001, provided the 

total number of personnel employed to 

perform such functions does not exceed 

specified limits. 

DoD received no comments on the 

interim rule. Therefore, DoD has 

adopted the interim rule as a final rule 

without change. 

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 certifies that this final rule will 

not 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. 

Although the rule may provide 

opportunities for small business 

concerns to receive contracts for the 

performance of security-guard functions 

at military installations or facilities, the 

economic impact is not expected to be 

substantial. 

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 237 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR part 237, which was 

published at 73 FR 53156 on September 

15, 2008, is adopted as a final rule 

without change. 

[FR Doc. E9–665 Filed 1–14–09; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AG18 

Defense Federal Acquisition 

Regulation Supplement; Removal of 

North Korea From the List of Terrorist 

Countries (DFARS Case 2008–D036) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove North Korea from 

the list of terrorist countries subject to 

a prohibition on DoD contract awards. 

This change is a result of the State 

Department’s removal of North Korea 

from the list of countries designated as 

state sponsors of terrorism. 

DATES: Effective Date: January 15, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3C132, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–0328; 

facsimile 703–602–7887. Please cite 

DFARS Case 2008–D036. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The provision at DFARS 252.209– 

7001, Disclosure of Ownership or 

Control by the Government of a 

Terrorist Country, implements 10 U.S.C. 

2327, which prohibits DoD from 

entering into a contract with a firm that 

is owned or controlled by the 

government of a country that has been 

determined by the Secretary of State to 

repeatedly provide support for acts of 

international terrorism. This final rule 

removes North Korea from the terrorist 

countries listed in the provision at 

DFARS 252.209–7001, since the 

Secretary of State has removed North 

Korea from the list of designated state 

sponsors of terrorism. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

This rule will not have a significant 

cost or administrative impact on 

contractors or offerors, or a significant 

effect beyond the internal operating 

procedures of DoD. Therefore, 

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2422 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 

publication for public comment under 

41 U.S.C. 418b is not required. 

However, DoD will consider comments 

from small entities concerning the 

affected DFARS subpart in accordance 

with 5 U.S.C. 610. Such comments 

should cite DFARS Case 2008–D036. 

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 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

Part 252 continues to read as follows: 

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

Chapter 1. 

252.209–7001 [Amended] 

■ 2. Section 252.209–7001 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(JAN 2009)’’; and 

■ b. In paragraph (a)(2), in the second 

sentence, by removing ‘‘North Korea,’’. 

[FR Doc. E9–662 Filed 1–14–09; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AG12 

Defense Federal Acquisition 

Regulation Supplement; Statutory 

Waiver for Commercially Available Offthe-Shelf Items (DFARS Case 2008– 

D009) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement a determination 

made by the Administrator for Federal 

Procurement Policy, that the Buy 

American Act ‘‘component test’’ is 

inapplicable to acquisitions of 

commercially available off-the-shelf 

items. The rule is consistent with 

changes made to the Federal 

Acquisition Regulation. 

DATES: Effective date: January 15, 2009. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before March 16, 2009, to be 

considered in the formation of the final 

rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2008–D009, 

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 2008–D009 in the subject 

line of the message. 

• Fax: 703–602–7887. 

• Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy 

Williams, OUSD (AT&L) DPAP (DARS), 

IMD 3D139, 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. 

Amy Williams, 703–602–0328. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule amends DFARS 

provisions and clauses addressing the 

Buy American Act/Balance of Payments 

Program to implement a determination 

made by the Administrator for Federal 

Procurement Policy, on February 14, 

2008, regarding laws applicable to the 

acquisition of commercially available 

off-the-shelf (COTS) items. The 

determination included a partial waiver 

of the Buy American Act (41 U.S.C. 10a 

and 10b), limited to the Act’s domestic 

component test. The waiver allows a 

COTS item to be treated as a domestic 

end product if it is manufactured in the 

United States, without tracking the 

origin of the item’s components. 

Changes were made to the Federal 

Acquisition Regulation in Federal 

Acquisition Circular 2005–30 to 

implement the Administrator’s 

determination. This interim rule makes 

corresponding changes to the DFARS. 

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. 

Although the rule eliminates 

requirements for suppliers of U.S.-made 

items to track the origin of the item’s 

components, the economic impact is not 

expected to be substantial. DoD has 

already waived the component test for 

U.S.-made items in acquisitions that are 

subject to the World Trade Organization 

Government Procurement Agreement 

(DFARS 225.103(a)(i)(B)). Additionally, 

contractors generally pass on the costs 

of such administrative requirements to 

the Government. 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 subparts 

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

comments should be submitted 

separately and should cite DFARS Case 

2008–D009. 

C. Paperwork Reduction Act 

This rule will result in a reduction of 

the information collection requirements 

previously approved under Office of 

Management and Budget Control 

Number 0704–0229, DFARS part 225 

and associated clauses. DoD anticipates 

a 5 percent reduction in the burden 

hours associated with the provisions at 

DFARS 252.225–7000 and 252.225– 

7035, from 34,875 to 33,130 hours, 

because offerors of U.S.-made items 

with foreign components will no longer 

need to respond to these provisions. 

D. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

that urgent and compelling reasons exist 

to publish an interim rule prior to 

affording the public an opportunity to 

comment. This interim rule implements 

a determination made by the 

Administrator for Federal Procurement 

Policy on February 14, 2008, in 

accordance with 41 U.S.C. 431, that the 

Buy American Act domestic component 

test is inapplicable to acquisitions of 

COTS items. The rule will permit a 

COTS item to be treated as a domestic 

end product if it is manufactured in the 

United States, without the need to track 

the origin of the item’s components. The 

rule will reduce administrative burdens 

for suppliers of COTS items and is 

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