46818 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Rules and Regulations 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–1302; 

facsimile 703–602–7887. Please cite 

DFARS Case 2007–D016. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 73 

FR 1826 on January 10, 2008, to 

implement Section 130 of the National 

Defense Authorization Act for Fiscal 

Year 2007 (Pub. L. 109–364). Section 

130 requires DoD to prescribe in 

regulations a quality control policy for 

the procurement of ship critical safety 

items and the modification, repair, and 

overhaul of those items. The interim 

rule amended DFARS 209.270–1 

through 209.270–4 and related text to 

address quality control of ship critical 

safety items. 

DoD received one comment on the 

interim rule. The respondent stated that 

DoD contracting personnel have 

misinterpreted the term ‘‘certificate of 

conformance,’’ as used in DFARS 

246.504 with regard to limitation on its 

use, to mean a manufacturer’s certificate 

that its products conform to quality 

requirements. This misinterpretation 

has led buying office quality 

representatives to take a position that 

products presented for inspection at 

source, or ‘‘origin,’’ are not acceptable if 

presented with a corresponding 

manufacturer’s certificate of 

conformance (to its quality 

requirements). The intent of the DFARS 

term is to refer to approval given under 

the clause at FAR 52.246–15, Certificate 

of Conformance, which enables a DoD 

quality assurance specialist to allow a 

contractor to ship items without 

inspection under certain circumstances. 

Therefore, the respondent 

recommended that DFARS 246.504 be 

clarified by adding a reference to the 

clause at FAR 52.246–15. 

DoD does not believe the clarification 

is necessary. The text at DFARS 246.504 

must be read in conjunction with the 

corresponding text at FAR 46.504, 

which specifies the appropriate 

conditions for use of a certificate of 

conformance and includes a reference to 

the prescription for the clause at FAR 

52.246–15. 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., 

because the rule primarily relates to 

internal DoD responsibilities for 

ensuring quality control of ship critical 

safety items. In addition, the Navy 

already has implemented stringent 

quality control programs with regard to 

ship critical safety items. 

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 Parts 209, 

217, and 246 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CFR parts 209, 217, and 

246, which was published at 73 FR 1826 

on January 10, 2008, is adopted as a 

final rule without change. 

[FR Doc. E8–18510 Filed 8–11–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

RIN 0750–AF89 

Defense Federal Acquisition 

Regulation Supplement; Trade 

Agreements—New Thresholds (DFARS 

Case 2007–D023) 

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 incorporate increased dollar 

thresholds for application of the World 

Trade Organization Government 

Procurement Agreement and the Free 

Trade Agreements, as determined by the 

United States Trade Representative. 

DATES: Effective Date: August 12, 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 2007–D023. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim DFARS 

rule at 73 FR 4115 on January 24, 2008, 

to reflect increased dollar thresholds for 

application of the trade agreements. 

Every two years, the trade agreement 

thresholds are escalated according to a 

pre-determined formula set forth in the 

agreements. 

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., 

because the trade agreement threshold 

changes are designed to keep pace with 

inflation and thus maintain the status 

quo. 

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. The 

dollar threshold changes are in line with 

inflation and maintain the status quo. 

List of Subjects in 48 CFR Part 225 

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 225, which was 

published at 73 FR 4115 on January 24, 

2008, is adopted as a final rule without 

change. 

[FR Doc. E8–18501 Filed 8–11–08; 8:45 am] 

BILLING CODE 5001–08–P 


ebenthall on PRODPC60 with RULES