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Federal Register / Vol. 73, No.

7 / Thursday, January 10, 2008 / Rules and Regulations 1831

sources submitted comments on the identification (UID) tab, where the at 252.232–7003) fulfills the
proposed rule. A discussion of the contractor lists UIDs and serial numbers requirement for a material inspection
comments is provided below. for items requiring them. and receiving report (DD Form 250).
1. Comment: One respondent stated DoD Response: The respondent’s Two copies of the receiving report
that the rule would increase comment has been noted; however, the (paper copies of either the DD Form 250
administrative costs by significantly content of the WAWF–RA receiving or the WAWF–RA report) shall be
increasing paperwork creation, report is outside the scope of this distributed with the shipment, in
administration, and coordination. The DFARS rule. accordance with Appendix F, Part 4, F–
respondent recommended that, at a This rule was not subject to Office of 401, Table 1, of the Defense FAR
minimum, alternative language be Management and Budget review under Supplement.
added to allow the use of contractor Executive Order 12866, dated ■ 3. Appendix F to chapter 2 is
format DD Form 250 material inspection September 30, 1993. amended in Part 4, Section F–401, by
and receiving reports instead of WAWF- revising paragraph (a) to read as follows:
B. Regulatory Flexibility Act
RA report printing.
DoD Response: Contractors presently DoD certifies that this final rule will Appendix F—Material Inspection and
are responsible for distributing DD Form not have a significant economic impact Receiving Report
250 in accordance with DFARS on a substantial number of small entities * * * * *
Appendix F, Part 4, F–401, using the within the meaning of the Regulatory
instructions in Tables 1 and 2, which Flexibility Act, 5 U.S.C. 601, et seq., F–401 Distribution
require distribution of two copies with because the rule makes no significant (a) The contractor is responsible for
each shipment. Therefore, the change to DoD policy for preparation distributing the DD Form 250, including
requirement for contractors to print and use of material inspection and mailing and payment of postage. Use of the
copies of the WAWF–RA report instead Wide Area WorkFlow-Receipt and
receiving reports.
Acceptance (WAWF–RA) electronic form
of the DD Form 250 will not satisfies the distribution requirements of this
C. Paperwork Reduction Act
significantly increase the cost or effort section, except for the copies required to
of preparing shipping documents. Only The information collection accompany shipment.
the forms already in WAWF–RA must requirements for DoD material
* * * * *
be printed; thus this should not be a inspection and receiving reports have
been approved by the Office of [FR Doc. E8–178 Filed 1–9–08; 8:45 am]
significant administrative burden.
Management and Budget, under Control BILLING CODE 5001–08–P
However, to allow flexibility, DoD has
amended the rule to incorporate the Number 0704–0248, for use through
respondent’s recommendation that March 31, 2008.
contractors be allowed to use the DD DEPARTMENT OF COMMERCE
List of Subjects in 48 CFR Part 252
Form 250 instead of a printed WAWF–
RA form. Government procurement. National Oceanic and Atmospheric
2. Comment: One respondent stated Administration
Michele P. Peterson,
that the requirement for two paper
Editor, Defense Acquisition Regulations 50 CFR Part 679
copies to be distributed with shipments System.
would create unnecessary costs and [Docket No. 070213032–7032–01]
additional administrative burdens for ■ Therefore, 48 CFR part 252 and
many vendors and would unnecessarily Appendix F to chapter 2 are amended RIN 0648–XE84
duplicate the electronic process, as follows:
■ 1. The authority citation for 48 CFR Fisheries of the Exclusive Economic
thwarting the goal of the WAWF–RA Zone Off Alaska; Inseason Adjustment
being a paperless system. The part 252 and Appendix F to subchapter
I continues to read as follows: to the 2008 Gulf of Alaska Pollock
respondent further suggested that this Total Allowable Catch Amount
and similar issues be addressed through Authority: 41 U.S.C. 421 and 48 CFR
the DFARS Procedures, Guidance, and Chapter 1. AGENCY: National Marine Fisheries
Information (PGI) web page rather than Service (NMFS), National Oceanic and
as a change to the DFARS. PART 252—SOLICITATION Atmospheric Administration (NOAA),
DoD Response: Printed copies of the PROVISIONS AND CONTRACT Commerce.
receiving report are needed for each CLAUSES
ACTION: Temporary rule; inseason
shipment to eliminate costly stocking, ■ 2. Section 252.246–7000 is amended adjustment; request for comments.
payment, and frustrated cargo issues by revising the clause date and
now affecting both DoD and contractors. SUMMARY: NMFS is adjusting the 2008
paragraph (b) to read as follows: total allowable catch (TAC) amounts for
As noted in the response to Comment 1,
contractors already are responsible for 252.246–7000 Material Inspection and pollock in the Gulf of Alaska (GOA).
distributing copies of DD Form 250 with Receiving Report. This action is necessary because NMFS
the shipment. Therefore, this rule will * * * * * has determined these TACs are
not significantly increase the cost or incorrectly specified. This action will
effort of preparing shipping documents. Material Inspection and Receiving ensure the GOA pollock TACs do not
The respondent’s recommendation to Report (JAN 2008) exceed the appropriate amount based on
address this issue through PGI is not a * * * * * the best available scientific information
feasible solution, since this issue relates (b) Contractor submission of the for pollock in the GOA. This action is
to contractor requirements, whereas PGI material inspection and receiving consistent with the goals and objectives
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addresses internal DoD procedures and information required by Appendix F of of the Fishery Management Plan for
guidance. the Defense FAR Supplement by using Groundfish of the Gulf of Alaska Area
3. Comment: One respondent stated the Wide Area WorkFlow-Receipt and (FMP).
that the WAWF–RA receiving report Acceptance (WAWF–RA) electronic DATES: Effective 1200 hrs, Alaska local
does not include the unique form (see paragraph (b)(1) of the clause 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 FMP prepared by the North Pacific listed as endangered under the
harvest specifications for GOA Fishery Management Council (Council) Endangered Species Act (ESA). Pollock
groundfish, unless otherwise modified under authority of the Magnuson- is a principal prey species for Steller sea
or superceded through publication of a Stevens Fishery Conservation and lions in the GOA. The seasonal
notification in the Federal Register. Management Act. Regulations governing apportionment of pollock harvest is
Comments must be received at the fishing by U.S. vessels in accordance necessary to ensure the groundfish
following address no later than 4:30 with the FMP appear at subpart H of 50 fisheries are not likely to cause jeopardy
p.m., A.l.t., January 22, 2008. CFR part 600 and 50 CFR part 679. of extinction or adverse modification of
ADDRESSES: You may submit comments, The 2008 TAC of pollock in the GOA critical habitat for Steller sea lions. The
identified by RIN0648–XE84, by any was set at 81,467 metric tons (mt) by the regulations at § 679.20(a)(5)(iv) specifies
one of the following methods: 2007 and 2008 harvest specification for how the pollock TAC shall be
• Mail to: P.O. Box 21668, Juneau, AK groundfish in the GOA (72 FR 9676, apportioned.
99802 March 5, 2007). The 2008 pollock TAC
In accordance with
• Hand delivery to the Federal in Statistical Area 610 in the GOA was
§ 679.25(a)(2)(i)(B), the Administrator,
Building, 709 West 9th Street, Room set at 30,308 mt. The 2008 pollock TAC
Alaska Region, NMFS (Regional
420A, Juneau, Alaska in Statistical Area 620 in the GOA was
• Electronic Submissions: Submit all Administrator), has determined that,
set at 25,313 mt. The 2008 pollock TAC
electronic public comments via the based on the November 2007 SAFE
in Statistical Area 630 in the GOA was
Federal eRulemaking Portal http:// report for this fishery, the current GOA
set at 17,995 mt. The 2008 pollock TAC
www.regulations.gov pollock TACs are incorrectly specified.
in the West Yakutat District was set at
• FAX to 907–586–7557, Attn: Ellen Consequently, the Regional
1,694 mt.
Sebastian In December 2007, the Council Administrator is adjusting the 2008
Instructions: All comments received recommended a 2008 pollock TAC of pollock TAC to 60,180 mt in the GOA.
are a part of the public record and will 60,180 mt for the GOA. The Council The Regional Administrator is also
generally be posted to http:// recommended the following adjusting the 2008 pollock TAC to
www.regulations.gov without change. apportionments by area for the 2008 17,602 mt in Statistical Area 610, to
All Personal Identifying Information (for pollock TAC: 17,602 mt for Statistical 19,181 mt in Statistical Area 620, to
example, name, address, etc.) Area 610, 19,181 mt for Statistical Area 13,640 mt in Statistical Area 630, and to
voluntarily submitted by the commenter 620, 13,640 mt for Statistical Area 630, 1,517 mt in the West Yakutat District.
may be publicly accessible. Do not and 1,517 mt for the West Yakutat Pursuant to § 679.20(a)(5)(iv), Tables
submit Confidential Business District. These amounts are less than the 2, 6, 14, and 17 of the 2007 and 2008
Information or otherwise sensitive or pollock TACs as established by the 2007 final harvest specifications for
protected information. and 2008 harvest specification for groundfish in the GOA (72 FR 9676,
NMFS will accept anonymous groundfish in the GOA (72 FR 9676, March 5, 2007) are revised for the 2008
comments. Attachments to electronic March 5, 2007). The TACs pollock TACs consistent with this
comments will be accepted in Microsoft recommended by the Council are based adjustment. Pursuant to § 679.92(b),
Word, Excel, WordPerfect, or Adobe on the Stock Assessment and Fishery Table 17 of the 2008 final harvest
PDF file formats only. Evaluation report (SAFE), dated specifications for groundfish in the GOA
FOR FURTHER INFORMATION CONTACT: November 2007, which NMFS has (72 FR 71802, December 19, 2007) is
Jennifer Hogan, 907–586–7228. determined is the best available revised for the 2008 annual pollock
SUPPLEMENTARY INFORMATION: NMFS scientific information for this fishery. TACs in the GOA consistent with this
manages the groundfish fishery in the Steller sea lions occur in the same adjustment.
Gulf of Alaska (GOA) according to the location as the pollock fishery and are BILLING CODE 3510–22–S
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Classification allow for harvests that exceed the prior notice and opportunity for public
appropriate allocations for pollock comment.
This action responds to the best based on the best scientific information Under § 679.25(c)(2), interested
available information recently available. NMFS was unable to publish persons are invited to submit written
obtainedfrom the fishery. The Assistant a notice providing time for public comments on this action to the above
Administrator for Fisheries, NOAA comment because the most recent, address until January 22, 2008.
(AA), finds good cause to waive the relevant data only became available as This action is required by § 679.22
requirement to provide prior notice and and § 679.25 and is exempt from review
of December 13, 2007, and additional
opportunity for public comment under Executive Order 12866.
time for prior public comment would
pursuant to the authority set forth at 5
result in conservation concerns for the Authority: 16 U.S.C. 1801 et seq.
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public ESA-listed Stellersea lions. Dated: January 4, 2008.
interest. This requirement is The AA also finds good cause to Alan D. Risenhoover,
impracticable and contrary to the public waive the 30-day delay in the effective Director, Office of Sustainable Fisheries,
interest as it would prevent NMFS from date of this action under 5 U.S.C. National Marine Fisheries Service.
responding to the most recent fisheries 553(d)(3). This finding is based upon [FR Doc. 08–63 Filed 1–7–08; 2:11 pm]
data in a timely fashion and would the reasons provided above for waiver of
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BILLING CODE 3510–22–C


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