1830 Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Rules and Regulations 

Information Assurance Contractor 

Training and Certification (JAN 2008) 

(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. E8–193 Filed 1–9–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AF57 

Defense Federal Acquisition 

Regulation Supplement; New 

Designated Countries (DFARS Case 

2006–D062) 

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 the Dominican 

Republic-Central America-United States 

Free Trade Agreement with respect to 

the Dominican Republic. The rule also 

includes Bulgaria and Romania on the 

list of countries covered by the World 

Trade Organization Government 

Procurement Agreement. 

DATES: Effective Date: January 10, 2008. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–0328; 

facsimile 703–602–7887. Please cite 

DFARS Case 2006–D062. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 72 

FR 14242 on March 27, 2007, to 

implement the Dominican RepublicCentral America-United States Free 

Trade Agreement with respect to the 

Dominican Republic, and to add 

Bulgaria and Romania to the list of 

countries covered by the World Trade 

Organization Government Procurement 

Agreement. 

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 opens up DoD 

procurement to the products of Bulgaria, 

the Dominican Republic, and Romania, 

there will be no significant impact on 

U.S. small businesses. DoD applies the 

trade agreements to only those nondefense items listed at DFARS 225.401–

70, and procurements that are set aside 

for small businesses are exempt from 

application of the trade agreements. 

C. Paperwork Reduction Act 

This rule affects the certification and 

information collection requirements in 

the provisions at DFARS 252.225–7020 

and 252.225–7035, currently approved 

under Office of Management and Budget 

Control Number 0704–0229. The 

impact, however, is negligible. 

List of Subjects in 48 CFR Part 252 

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 252, which was 

published at 72 FR 14242 on March 27, 

2007, is adopted as a final rule without 

change. 

[FR Doc. E8–201 Filed 1–9–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 and Appendix F to 

Chapter 2 

RIN 0750–AF53 

Defense Federal Acquisition 

Regulation Supplement; Receiving 

Reports for Shipments (DFARS Case 

2006–D024) 

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 address requirements for the 

distribution of material inspection and 

receiving reports under DoD contracts. 

The rule clarifies that two copies of the 

receiving report must be distributed 

with each shipment. 

DATES: Effective Date: January 10, 2008. 

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–D024. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The clause at DFARS 252.246–7000, 

Material Inspection and Receiving 

Report, contains requirements for 

preparing and furnishing material 

inspection and receiving reports to the 

Government. Contractors can satisfy 

material inspection and receiving report 

requirements by using DD Form 250, in 

a manner and to the extent required by 

DFARS Appendix F, or by using the 

Wide Area WorkFlow-Receipt and 

Acceptance (WAWF–RA) electronic 

form. This rule clarifies that two copies 

of the receiving report (paper copies of 

either the DD Form 250 or the WAWFRA report) must be distributed with the 

shipment in accordance with DFARS 

Appendix F. Such clarification is 

needed to ensure proper identification 

of all shipments. 

DoD published a proposed rule at 71 

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 

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 


yshivers on PROD1PC62 with RULES