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

sources submitted comments on the 

proposed rule. A discussion of the 

comments is provided below. 

1. Comment: One respondent stated 

that the rule would increase 

administrative costs by significantly 

increasing paperwork creation, 

administration, and coordination. The 

respondent recommended that, at a 

minimum, alternative language be 

added to allow the use of contractor 

format DD Form 250 material inspection 

and receiving reports instead of WAWFRA report printing. 

DoD Response: Contractors presently 

are responsible for distributing DD Form 

250 in accordance with DFARS 

Appendix F, Part 4, F–401, using the 

instructions in Tables 1 and 2, which 

require distribution of two copies with 

each shipment. Therefore, the 

requirement for contractors to print 

copies of the WAWF–RA report instead 

of the DD Form 250 will not 

significantly increase the cost or effort 

of preparing shipping documents. Only 

the forms already in WAWF–RA must 

be printed; thus this should not be a 

significant administrative burden. 

However, to allow flexibility, DoD has 

amended the rule to incorporate the 

respondent’s recommendation that 

contractors be allowed to use the DD 

Form 250 instead of a printed WAWF–

RA form. 

2. Comment: One respondent stated 

that the requirement for two paper 

copies to be distributed with shipments 

would create unnecessary costs and 

additional administrative burdens for 

many vendors and would unnecessarily 

duplicate the electronic process, 

thwarting the goal of the WAWF–RA 

being a paperless system. The 

respondent further suggested that this 

and similar issues be addressed through 

the DFARS Procedures, Guidance, and 

Information (PGI) web page rather than 

as a change to the DFARS. 

DoD Response: Printed copies of the 

receiving report are needed for each 

shipment to eliminate costly stocking, 

payment, and frustrated cargo issues 

now affecting both DoD and contractors. 

As noted in the response to Comment 1, 

contractors already are responsible for 

distributing copies of DD Form 250 with 

the shipment. Therefore, this rule will 

not significantly increase the cost or 

effort of preparing shipping documents. 

The respondent’s recommendation to 

address this issue through PGI is not a 

feasible solution, since this issue relates 

to contractor requirements, whereas PGI 

addresses internal DoD procedures and 

guidance. 

3. Comment: One respondent stated 

that the WAWF–RA receiving report 

does not include the unique 

identification (UID) tab, where the 

contractor lists UIDs and serial numbers 

for items requiring them. 

DoD Response: The respondent’s 

comment has been noted; however, the 

content of the WAWF–RA receiving 

report is outside the scope of this 

DFARS rule. 

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., 

because the rule makes no significant 

change to DoD policy for preparation 

and use of material inspection and 

receiving reports. 

C. Paperwork Reduction Act 

The information collection 

requirements for DoD material 

inspection and receiving reports have 

been approved by the Office of 

Management and Budget, under Control 

Number 0704–0248, for use through 

March 31, 2008. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 252 and 

Appendix F to chapter 2 are amended 

as follows: 

■ 1. The authority citation for 48 CFR 

part 252 and Appendix F to subchapter 

I continues to read as follows: 

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

Chapter 1. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 2. Section 252.246–7000 is amended 

by revising the clause date and 

paragraph (b) to read as follows: 

252.246–7000 Material Inspection and 

Receiving Report. 

* * * * * 

Material Inspection and Receiving 

Report (JAN 2008) 

* * * * * 

(b) Contractor submission of the 

material inspection and receiving 

information required by Appendix F of 

the Defense FAR Supplement by using 

the Wide Area WorkFlow-Receipt and 

Acceptance (WAWF–RA) electronic 

form (see paragraph (b)(1) of the clause 

at 252.232–7003) fulfills the 

requirement for a material inspection 

and receiving report (DD Form 250). 

Two copies of the receiving report 

(paper copies of either the DD Form 250 

or the WAWF–RA report) shall be 

distributed with the shipment, in 

accordance with Appendix F, Part 4, F–

401, Table 1, of the Defense FAR 

Supplement. 

■ 3. Appendix F to chapter 2 is 

amended in Part 4, Section F–401, by 

revising paragraph (a) to read as follows: 

Appendix F—Material Inspection and 

Receiving Report 

* * * * * 

F–401 Distribution 

(a) The contractor is responsible for 

distributing the DD Form 250, including 

mailing and payment of postage. Use of the 

Wide Area WorkFlow-Receipt and 

Acceptance (WAWF–RA) electronic form 

satisfies the distribution requirements of this 

section, except for the copies required to 

accompany shipment. 

* * * * * 

[FR Doc. E8–178 Filed 1–9–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XE84 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2008 Gulf of Alaska Pollock 

Total Allowable Catch Amount 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; request for comments. 

SUMMARY: NMFS is adjusting the 2008 

total allowable catch (TAC) amounts for 

pollock in the Gulf of Alaska (GOA). 

This action is necessary because NMFS 

has determined these TACs are 

incorrectly specified. This action will 

ensure the GOA pollock TACs do not 

exceed the appropriate amount based on 

the best available scientific information 

for pollock in the GOA. This action is 

consistent with the goals and objectives 

of the Fishery Management Plan for 

Groundfish of the Gulf of Alaska Area 

(FMP). 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 7, 2008, until the 


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1832 Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Rules and Regulations 

effective date of the 2008 and 2009 final 

harvest specifications for GOA 

groundfish, unless otherwise modified 

or superceded through publication of a 

notification in the Federal Register. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., January 22, 2008. 

ADDRESSES: You may submit comments, 

identified by RIN0648–XE84, by any 

one of the following methods: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov 

• FAX to 907–586–7557, Attn: Ellen 

Sebastian 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Gulf of Alaska (GOA) according to the 

FMP prepared by the North Pacific 

Fishery Management Council (Council) 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2008 TAC of pollock in the GOA 

was set at 81,467 metric tons (mt) by the 

2007 and 2008 harvest specification for 

groundfish in the GOA (72 FR 9676, 

March 5, 2007). The 2008 pollock TAC 

in Statistical Area 610 in the GOA was 

set at 30,308 mt. The 2008 pollock TAC 

in Statistical Area 620 in the GOA was 

set at 25,313 mt. The 2008 pollock TAC 

in Statistical Area 630 in the GOA was 

set at 17,995 mt. The 2008 pollock TAC 

in the West Yakutat District was set at 

1,694 mt. 

In December 2007, the Council 

recommended a 2008 pollock TAC of 

60,180 mt for the GOA. The Council 

recommended the following 

apportionments by area for the 2008 

pollock TAC: 17,602 mt for Statistical 

Area 610, 19,181 mt for Statistical Area 

620, 13,640 mt for Statistical Area 630, 

and 1,517 mt for the West Yakutat 

District. These amounts are less than the 

pollock TACs as established by the 2007 

and 2008 harvest specification for 

groundfish in the GOA (72 FR 9676, 

March 5, 2007). The TACs 

recommended by the Council are based 

on the Stock Assessment and Fishery 

Evaluation report (SAFE), dated 

November 2007, which NMFS has 

determined is the best available 

scientific information for this fishery. 

Steller sea lions occur in the same 

location as the pollock fishery and are 

listed as endangered under the 

Endangered Species Act (ESA). Pollock 

is a principal prey species for Steller sea 

lions in the GOA. The seasonal 

apportionment of pollock harvest is 

necessary to ensure the groundfish 

fisheries are not likely to cause jeopardy 

of extinction or adverse modification of 

critical habitat for Steller sea lions. The 

regulations at § 679.20(a)(5)(iv) specifies 

how the pollock TAC shall be 

apportioned. 

In accordance with 

§ 679.25(a)(2)(i)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that, 

based on the November 2007 SAFE 

report for this fishery, the current GOA 

pollock TACs are incorrectly specified. 

Consequently, the Regional 

Administrator is adjusting the 2008 

pollock TAC to 60,180 mt in the GOA. 

The Regional Administrator is also 

adjusting the 2008 pollock TAC to 

17,602 mt in Statistical Area 610, to 

19,181 mt in Statistical Area 620, to 

13,640 mt in Statistical Area 630, and to 

1,517 mt in the West Yakutat District. 

Pursuant to § 679.20(a)(5)(iv), Tables 

2, 6, 14, and 17 of the 2007 and 2008 

final harvest specifications for 

groundfish in the GOA (72 FR 9676, 

March 5, 2007) are revised for the 2008 

pollock TACs consistent with this 

adjustment. Pursuant to § 679.92(b), 

Table 17 of the 2008 final harvest 

specifications for groundfish in the GOA 

(72 FR 71802, December 19, 2007) is 

revised for the 2008 annual pollock 

TACs in the GOA consistent with this 

adjustment. 

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Classification 

This action responds to the best 

available information recently 

obtainedfrom the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

allow for harvests that exceed the 

appropriate allocations for pollock 

based on the best scientific information 

available. NMFS was unable to publish 

a notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of December 13, 2007, and additional 

time for prior public comment would 

result in conservation concerns for the 

ESA-listed Stellersea lions. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

Under § 679.25(c)(2), interested 

persons are invited to submit written 

comments on this action to the above 

address until January 22, 2008. 

This action is required by § 679.22 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 4, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 08–63 Filed 1–7–08; 2:11 pm] 

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