Rules and Regulations. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6560-50-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 208, 225, 252, 253, and Chapter 2 [DFARS Case 2003-D072] Defense Federal Acquisition Regulation Supplement; Required Sources of Supply 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 update text addressing acquisitions made through Government supply sources.

This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. DATES: *Effective Date:* July 11, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone

(703)602-0326; facsimile

(703)602-0350. Please cite DFARS Case 2003-D072. SUPPLEMENTARY INFORMATION: A. Background DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. The objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DoD-wide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. Additional information on the DFARS Transformation initiative is available at *http://www.acq.osd.mil/dpap/dars/dfars/transformation/index.htm.* This final rule is a result of the DFARS Transformation initiative. The DFARS changes— ○ Delete informational text on GSA Federal Supply Schedules that is unnecessary for inclusion in the DFARS; ○ Delete text on the Defense National Stockpile and the acquisition of helium. These issues are adequately addressed in the Federal Acquisition Regulation at 8.003 and Subpart 8.5; ○ Delete obsolete text on the DoD Industrial Preparedness Production Planning Program. There is no longer a DoD-wide Program; and ○ Delete procedures for ordering from central nonprofit agencies; for acquisition of items under the DoD Coordinated Acquisition Program; for contracting or performing field service functions for NASA; for use of the DoD Precious Metals Recovery Program; and for use of enterprise software agreements for acquiring commercial software and related services. Text on these subjects has been relocated to the DFARS companion resource, Procedures, Guidance, and Information (PGI), available at *http://www.acq.osd.mil/dpap/dars/pgi.* DoD published a proposed rule at 70 FR 73187 on December 9, 2005. One source submitted comments on the proposed rule. That source recommended establishment of separate Federal supply class

(FSC)commodity codes for Americans with Disabilities Act

(ADA)and Occupational Safety and Health Administration

(OSHA)compliant products, to distinguish the ADA or OSHA compliant products from similar products that are not ADA or OSHA compliant (e.g., ramps, landings, steps, decks). Although DoD includes certain FSC commodity codes in its publications, the codes are established and maintained by the General Services Administration (GSA). Therefore, DoD has forwarded the respondent's recommendation to GSA for consideration. DoD has adopted the proposed rule as a final rule, with an additional change at DFARS 225.7005-1 to remove a reference to DFARS Subpart 208.72, which has been eliminated by this 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 deletes obsolete, unnecessary, or procedural DFARS text, but makes no significant change to DoD contracting policy. 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 208, 225, 252, and 253 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 208, 225, 252, and 253 and Appendix B to Chapter 2 are amended as follows: 1. The authority citation for 48 CFR parts 208, 225, 252, and 253 and Appendix B to subchapter I continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 208—REQUIRED SOURCES OF SUPPLIES AND SERVICES 2. Section 208.002 is revised to read as follows: 208.002 Priorities for use of Government supply sources. (a)(1)(v) See Subpart 208.70, Coordinated Acquisition, and Subpart 208.74, Enterprise Software Agreements. 208.003 [Removed] 3. Section 208.003 is removed. 4. Section 208.705 is revised to read as follows: 208.705 Procedures. Follow the procedures at PGI 208.705 when placing orders with central nonprofit agencies. 208.7000 [Amended] 5. Section 208.7000 is amended in paragraph (a), in the parenthetical, by removing “appendix B” and adding in its place “PGI 208.7006”. 6. Sections 208.7002-1 and 208.7002-2 are revised to read as follows: 208.7002-1 Acquiring department responsibilities. See PGI 208.7002-1 for the acquiring department's responsibilities. 208.7002-2 Requiring department responsibilities. See PGI 208.7002-2 for the requiring department's responsibilities. 7. Section 208.7003-1 is amended by revising paragraph

(a)introductory text and paragraph

(b)to read as follows: 208.7003-1 Assignments under integrated materiel management (IMM).

(a)Acquire all items assigned for IMM from the IMM manager except—

(b)Follow the procedures at PGI 208.7003-1(b) when an item assigned for IMM is to be acquired by the requiring department in accordance with paragraph (a)(3) of this subsection. 8. Section 208.7004 is revised to read as follows: 208.7004 Procedures. Follow the procedures at PGI 208.7004 for processing coordinated acquisition requirements. 208.7004-1 through 208.7004-10 [Removed] 9. Sections 208.7004-1 through 208.7004-10 are removed. 10. Sections 208.7005 and 208.7006 are revised to read as follows: 208.7005 Military interdepartmental purchase requests. Follow the procedures at—

(a)PGI 253.208-1 when using DD Form 448, Military Interdepartmental Purchase Request; and

(b)PGI 253.208-2 when using DD Form 448-2, Acceptance of MIPR. 208.7006 Coordinated acquisition assignments. See PGI 208.7006 for coordinated acquisition assignments. 11. Sections 208.7101 and 208.7102 are revised to read as follows: 208.7101 Policy. Departments and agencies shall cooperate fully with NASA in making acquisition services, equipment, personnel, and facilities available on the basis of mutual agreement. 208.7102 Procedures. Follow the procedures at PGI 208.7102 when contracting or performing services for NASA. 208.7103 through 208.7105 [Removed] 12. Sections 208.7103 through 208.7105 are removed. Subpart 208.72 [Removed and Reserved] 13. Subpart 208.72 is removed and reserved. 208.7301 [Amended] 14. Section 208.7301 is amended by removing the definitions of “Dual pricing evaluation procedure” and “Precious Metals Indicator Code (PMIC)”. 208.7302 [Amended] 15. Section 208.7302 is amended in the first sentence by removing “(PMRP)”. 16. Sections 208.7303 and 208.7304 are revised to read as follows: 208.7303 Procedures. Follow the procedures at PGI 208.7303 for use of the Precious Metals Recovery Program. 208.7304 Refined precious metals. See PGI 208.7304 for a list of refined precious metals managed by DSCP. 208.7401 [Amended] 17. Section 208.7401 is amended by removing the definitions of “Golden Disk” and “Software product manager”. 18. Section 208.7403 is revised to read as follows: 208.7403 Acquisition procedures. Follow the procedures at PGI 208.7403 when acquiring commercial software and related services. PART 225—FOREIGN ACQUISITION 225.7005-1 [Amended] 19. Section 225.7005-1 is amended in the introductory text by removing “(see subpart 208.72)”. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 20. Section 252.225-7025 is amended by revising the clause date and paragraph (a)(1) to read as follows: 252.225-7025 Restriction on acquisition of forgings. Restriction on Acquisition of Forgings (Jul 2006)

(a)* * *

(1)*Domestic manufacture* means—

(i)Manufactured in the United States or its outlying areas; or

(ii)Manufactured in Canada, if the Canadian firm normally produces similar items or is currently producing the item in support of DoD contracts (as a contractor or a subcontractor). PART 253—FORMS 21. Sections 253.208-1 and 253.208-2 are revised to read as follows: 253.208-1 DD Form 448, Military Interdepartmental Purchase Request. Follow the procedures at PGI 253.208-1 for use of DD Form 448. 253.208-2 DD Form 448-2, Acceptance of MIPR. Follow the procedures at PGI 253.208-2 for use of DD Form 448-2. Appendix B to Chapter 2 [Removed and Reserved] 22. Appendix B to Chapter 2 is removed and reserved. [FR Doc. E6-10873 Filed 7-10-06; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 212, 225, and 252 [DFARS Case 2006-D003] Defense Federal Acquisition Regulation Supplement; Relocation of Subpart 225.6 to 225.76 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 relocate text addressing trade sanctions, to reflect the removal of the corresponding subpart of the Federal Acquisition Regulation. EFFECTIVE DATE: July 11, 2006. 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)602-0350. Please cite DFARS Case 2006-D003. SUPPLEMENTARY INFORMATION: A. Background Item VII of Federal Acquisition Circular 2005-09, published at 71 FR 20305 on April 19, 2006, removed FAR Subpart 25.6, Trade Sanctions. Therefore, this final rule removes the corresponding DFARS subpart. The text formerly included in DFARS Subpart 225.6, addressing DoD statutory restrictions relating to the Secondary Arab Boycott of Israel, is relocated to a new DFARS Subpart 225.76 with no substantive change in content. 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, publication for public comment is not required. However, DoD will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2006-D003. 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 212, 225, and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 212, 225, and 252 are amended as follows: 1. The authority citation for 48 CFR parts 212, 225, and 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 212—ACQUISITION OF COMMERCIAL ITEMS 212.301 [Amended] 2. Section 212.301 is amended in paragraph (f)(ii), in the second sentence, by removing “(see 225.670-3)” and adding in its place “(see 225.7603)”. PART 225—FOREIGN ACQUISITION Subpart 225.6—[Removed] 3. Subpart 225.6 is removed. 225.1103 [Amended] 4. Section 225.1103 is amended as follows: a. By removing paragraph (2); and b. By redesignating paragraphs

(3)and

(4)as paragraphs

(2)and

(3)respectively. 5. Subpart 225.76 is added to read as follows: Subpart 225.76—Secondary Arab Boycott of Israel Sec. 225.7601 Restriction. 225.7602 Procedures. 225.7603 Exceptions. 225.7604 Waivers. 225.7605 Solicitation provision. Subpart 225.76—Secondary Arab Boycott of Israel 225.7601 Restriction. In accordance with 10 U.S.C. 2410i, do not enter into a contract with a foreign entity unless it has certified that it does not comply with the secondary Arab boycott of Israel. 225.7602 Procedures. For contracts awarded to the Canadian Commercial Corporation (CCC), the CCC will submit a certification from its proposed subcontractor with the other required precontractual information (see 225.870). 225.7603 Exceptions. This restriction does not apply to—

(a)Purchases at or below the simplified acquisition threshold;

(b)Contracts for consumable supplies, provisions, or services for the support of United States forces or of allied forces in a foreign country; or

(c)Contracts pertaining to the use of any equipment, technology, data, or services for intelligence or classified purposes, or to the acquisition or lease thereof, in the interest of national security. 225.7604 Waivers. The Secretary of Defense may waive this restriction on the basis of national security interests. Forward waiver requests to the Director, Defense Procurement and Acquisition Policy, ATTN: OUSD(AT&L)DPAP(PAIC), 3060 Defense Pentagon, Washington, DC 20301-3060. 225.7605 Solicitation provision. Unless an exception applies or a waiver has been granted in accordance with 225.7604, use the provision at 252.225-7031, Secondary Arab Boycott of Israel, in all solicitations. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.225-7031 [Amended] 6. Section 252.225-7031 is amended in the introductory text by removing “225.1103(2)” and adding in its place “225.7605”. 252.225-7041 [Amended] 7. Section 252.225-7041 is amended in the introductory text by removing “225.1103(3)” and adding in its place “225.1103(2)”. 252.225-7042 [Amended] 8. Section 252.225-7042 is amended in the introductory text by removing “225.1103(4)” and adding in its place “225.1103(3)”. [FR Doc. E6-10850 Filed 7-10-06; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 216 [DFARS Case 2003-D078] Defense Federal Acquisition Regulation Supplement; Types of Contracts 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 update text on the selection and use of contract types. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. EFFECTIVE DATE: July 11, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone

(703)602-0326; facsimile

(703)602-0350. Please cite DFARS Case 2003-D078. SUPPLEMENTARY INFORMATION: A. Background DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. The objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DoD-wide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. Additional information on the DFARS Transformation initiative is available at *http://www.acq.osd.mil/dpap/dars/dfars/transformation/index.htm.* This final rule is a result of the DFARS Transformation initiative. The DFARS changes— • Streamline text on the use of economic price adjustment clauses; • Increase, from 3 to 5 years, the standard maximum ordering period under basic ordering agreements; • Delete obsolete text on the use of cost-plus-fixed-fee contracts for environmental restoration; • Delete unnecessary text on design stability and use of incentive provisions; and • Delete procedures for selecting contract type and for use of special economic price adjustment clauses, incentive contracts, and basic ordering agreements. Text on these subjects has been relocated to the DFARS companion resource, Procedures, Guidance, and Information (PGI), available at *http://www.acq.osd.mil/dpap/dars/pgi.* DoD published a proposed rule at 70 FR 54694 on September 16, 2005. DoD received no comments on the proposed rule. Therefore, DoD has adopted the proposed 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 updates and streamlines DFARS text, but makes no significant change to DoD contracting policy. 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 216 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 216 is amended as follows: PART 216—TYPES OF CONTRACTS 1. The authority citation for 48 CFR part 216 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 216.104 [Removed] 2. Section 216.104 is removed. 3. Section 216.104-70 is revised to read as follows: § 216.104-70 Research and development. Follow the procedures at PGI 216.104-70 for selecting the appropriate research and development contract type. 4. Section 216.203-4 is revised to read as follows: § 216.203-4 Contract clauses.

(1)Generally, use the clauses at FAR 52.216-2, Economic Price Adjustment—Standard Supplies, FAR 52.216-3, Economic Price Adjustment—Semistandard Supplies, and FAR 52.216-4, Economic Price Adjustment—Labor and Material, only when—

(i)The total contract price exceeds the simplified acquisition threshold; and

(ii)Delivery or performance will not be completed within 6 months after contract award.

(2)Follow the procedures at PGI 216.203-4 when using an economic price adjustment clause based on cost indexes of labor or material. 5. Section 216.306 is amended by revising paragraph (c)(ii) to read as follows: 216.306 Cost-plus-fixed-fee contracts.

(c)* * *

(ii)The prohibition in paragraph (c)(i) of this section does not apply to contracts specifically approved in writing, setting forth the reasons therefor, in accordance with the following:

(A)The Secretaries of the military departments are authorized to approve such contracts that are for environmental work only, provided the environmental work is not classified as construction, as defined by 10 U.S.C. 2801.

(B)The Secretary of Defense or designee must approve such contracts that are not for environmental work only or are for environmental work classified as construction. 6. Sections 216.402-2 through 216.403-2 are revised to read as follows: 216.402-2 Technical performance incentives. See PGI 216.402-2 for guidance on establishing performance incentives. 216.403 Fixed-price incentive contracts. 216.403-2 Fixed-price incentive (successive targets) contracts. See PGI 216.403-2 for guidance on the use of fixed-price incentive (successive targets) contracts. 216.404 [Removed] 7. Section 216.404 is removed. 8. Section 216.405-1 is revised to read as follows: 216.405-1 Cost-plus-incentive-fee contracts. See PGI 216.405-1 for guidance on the use of cost-plus-incentive-fee contracts. 9. Section 216.405-2 is revised to read as follows: 216.405-2 Cost-plus-award-fee contracts.

(b)*Application.* The cost-plus-award-fee

(CPAF)contract may include provisional award fee payments. A provisional award fee payment is a payment made within an evaluation period prior to a final evaluation for that period. The contracting officer may include provisional award fee payments in a CPAF contract on a case-by-case basis, provided those payments—

(i)Are made no more frequently than monthly;

(ii)Are limited to no more than—

(A)For the initial award fee evaluation period, 50 percent of the award fee available for that period; and

(B)For subsequent award fee evaluation periods, 80 percent of the evaluation score for the prior evaluation period times the award fee available for the current period, e.g., if the contractor received 90 percent of the award fee available for the prior evaluation period, provisional payments for the current period shall not exceed 72 percent (90 percent x 80 percent) of the award fee available for the current period;

(iii)Are superseded by an interim or final award fee evaluation for the applicable evaluation period. If provisional payments have exceeded the payment determined by the evaluation score for the applicable period, the contracting officer shall collect the debt in accordance with FAR 32.606; and

(iv)May be discontinued, or reduced in such amounts deemed appropriate by the contracting officer, when the contracting officer determines that the contractor will not achieve a level of performance commensurate with the provisional payment. The contracting officer shall notify the contractor in writing of any discontinuance or reduction in provisional award fee payments.

(c)*Limitations.*

(i)The CPAF contract shall not be used—

(A)To avoid— *(1)* Establishing cost-plus-fixed-fee contracts when the criteria for cost-plus-fixed-fee contracts apply; or *(2)* Developing objective targets so a cost-plus-incentive-fee contract can be used; or

(B)For either engineering development or operational system development acquisitions that have specifications suitable for simultaneous research and development and production, except a CPAF contract may be used for individual engineering development or operational system development acquisitions ancillary to the development of a major weapon system or equipment, where— *(1)* It is more advantageous; and *(2)* The purpose of the acquisition is clearly to determine or solve specific problems associated with the major weapon system or equipment.

(ii)Do not apply the weighted guidelines method to CPAF contracts for either the base (fixed) fee or the award fee.

(iii)The base fee shall not exceed 3 percent of the estimated cost of the contract exclusive of the fee. (S-70) See PGI 216.405-2 for guidance on the use of CPAF contracts. 10. Section 216.470 is revised to read as follows: 216.470 Other applications of award fees. See PGI 216.470 for guidance on other applications of award fees. 11. Section 216.703 is revised to read as follows: 216.703 Basic ordering agreements.

(c)*Limitations.* The period during which orders may be placed against a basic ordering agreement may not exceed 5 years.

(d)*Orders.* Follow the procedures at PGI 216.703(d) for issuing orders under basic ordering agreements. [FR Doc. E6-10838 Filed 7-10-06; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 219 [DFARS Case 2006-D010] Defense Federal Acquisition Regulation Supplement; Extension of Contract Goal for Small Disadvantaged Businesses and Certain Institutions of Higher Learning 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 implement Section 842 of the National Defense Authorization Act for Fiscal Year 2006. Section 842 extends, through fiscal year 2009, DoD's goal to award five percent of contract and subcontract dollars to small disadvantaged businesses, historically black colleges and universities, and minority institutions. DATES: *Effective Date:* July 11, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone

(703)602-0289; facsimile

(703)602-0350. Please cite DFARS Case 2006-D010. SUPPLEMENTARY INFORMATION: A. Background 10 U.S.C. 2323 establishes a goal for DoD to award five percent of contract and subcontract dollars to small disadvantaged businesses, historically black colleges and universities, and minority institutions. Section 842 of the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109-163) extended the period for applicability of the goal through fiscal year 2009. This final rule amends DFARS 219.800 to reflect the extension. 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, publication for public comment 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 2006-D010. 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 219 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 219 is amended as follows: PART 219-SMALL BUSINESS PROGRAMS 1. The authority citation for 48 CFR part 219 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 219.000 [Amended] 2. Section 219.000 is amended in the introductory text by removing “2006” and adding in its place “2009”. [FR Doc. E6-10853 Filed 7-10-06; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 225 and 252 Defense Federal Acquisition Regulation Supplement; Technical Amendments AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. SUMMARY: DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to add a reference to guidance documents, update an Internet address, and add paragraph designations in a contract clause. DATES: *Effective Date:* July 11, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone

(703)602-0311; facsimile

(703)602-0350. SUPPLEMENTARY INFORMATION: This final rule amends DFARS text as follows: • *Section 225.7002-1.* Adds a reference to guidance found in the DFARS companion resource, Procedures, Guidance, and Information (PGI). • *Section 225.7401.* Updates an Internet address. • *Section 252.212-7001.* Adds paragraph designations to the DFARS clauses listed within this contract clause. No substantive change is made to the content of the clause. List of Subjects in 48 CFR Parts 225 and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 225 and 252 are amended as follows: 1. The authority citation for 48 CFR parts 225 and 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 225—FOREIGN ACQUISITION 2. Section 225.7002-1 is amended in paragraph

(b)by adding, after the period, a parenthetical sentence to read as follows: 225.7002-1 Restrictions.

(b)* * * (For guidance on dealing with noncompliance with this requirement, see PGI 225.7002-1(b).) 3. Section 225.7401 is amended in paragraph

(b)by revising the second sentence to read as follows: 225.7401 General.

(b)* * * Follow the procedures in Army in Europe Regulation 715-9, available at *http://www.per.hqusareur.army.mil/cpd/docper/GermanyDefault.aspx.* PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Section 252.212-7001 is revised to read as follows: 252.212-7001 Contract terms and conditions required to implement statutes or Executive orders applicable to Defense acquisitions of commercial items. As prescribed in 212.301(f)(iii), use the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Jul 2006)

(a)The Contractor agrees to comply with the following Federal Acquisition Regulation

(FAR)clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. __52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b)The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1)__252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).

(2)__252.219-7003, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DoD Contracts) (APR 1996) (15 U.S.C. 637).

(3)__252.219-7004, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (Test Program) (JUN 1997) (15 U.S.C. 637 note).

(4)__252.225-7001, Buy American Act and Balance of Payments Program (JUN 2005) (41 U.S.C. 10a-10d, E.O. 10582).

(5)__252.225-7012, Preference for Certain Domestic Commodities (JUN 2004) (10 U.S.C. 2533a).

(6)__252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).

(7)__252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).

(8)__252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(9)__252.225-7021, Trade Agreements (JUN 2006) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(10)__252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).

(11)__252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (12)(i) __252.225-7036, Buy American Act—Free Trade Agreements—Balance of Payments Program (JUN 2006) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii)Alternate I (JAN 2005) of 252.225-7036.

(13)__252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).

(14)__252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts).

(15)__252.227-7015, Technical Data—Commercial Items (NOV 1995) (10 U.S.C. 2320).

(16)__252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(17)__252.232-7003, Electronic Submission of Payment Requests (MAY 2006) (10 U.S.C. 2227).

(18)__252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2005) (Section 1092 of Public Law 108-375).

(19)__252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (20)(i) __252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii)__Alternate I (MAR 2000) of 252.247-7023.

(iii)__Alternate II (MAR 2000) of 252.247-7023.

(iv)__Alternate III (MAY 2002) of 252.247-7023.

(21)__252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(c)In addition to the clauses listed in paragraph

(e)of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1)252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a).

(2)252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2005) (Section 1092 of Public Law 108-375).

(3)252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4)252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause) [FR Doc. E6-10841 Filed 7-10-06; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 239 [DFARS Case 2003-D094] Defense Federal Acquisition Regulation Supplement; Exchange or Sale of Government-Owned Information Technology 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 delete obsolete procedures for the exchange or sale of Government-owned information technology. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. DATES: *Effective Date:* July 11, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Bill Sain, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone

(703)602-0293; facsimile

(703)602-0350. Please cite DFARS Case 2003-D094. SUPPLEMENTARY INFORMATION: A. Background DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. The objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DoD-wide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. Additional information on the DFARS Transformation initiative is available at *http://www.acq.osd.mil/dpap/dars/dfars/transformation/index.htm.* This final rule is a result of the DFARS Transformation initiative. The rule revises DFARS Subpart 239.70 to delete obsolete procedures for the exchange or sale of Government-owned information technology. DoD now handles the exchange or sale of information technology equipment in the same manner as other personal property, in accordance with DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation. The rule includes a reference to DoD 4140.1-R, at DFARS 239.7001. DoD published a proposed rule at 70 FR 54697 on September 16, 2005. DoD received no comments on the proposed rule. Therefore, DoD has adopted the proposed 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 deletes procedures that have become obsolete with regard to the exchange or sale of Government-owned information technology. 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 239 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 239 is amended as follows: PART 239-ACQUISITION OF INFORMATION TECHNOLOGY 1. The authority citation for 48 CFR part 239 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 2. Subpart 239.70 is revised to read as follows: Subpart 239.70—Exchange or Sale of Information Technology 239.7001 Policy. Agencies shall follow the procedures in DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, Chapter 9, Section C9.5, when considering the exchange or sale of Government-owned information technology. 1 [FR Doc. E6-10852 Filed 7-10-06; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 239 and 252 [DFARS Case 2003-D068] Defense Federal Acquisition Regulation Supplement; Acquisition of Information Technology 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 update text on the acquisition of information technology. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. EFFECTIVE DATE: July 11, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Bill Sain, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone

(703)602-0293; facsimile

(703)602-0350. Please cite DFARS Case 2003-D068. SUPPLEMENTARY INFORMATION: A. Background DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. The objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DoD-wide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. Additional information on the DFARS Transformation initiative is available at *http://www.acq.osd.mil/dpap/dars/dfars/transformation/index.htm.* This final rule is a result of the DFARS Transformation initiative. The DFARS changes— ○ Remove text that is obsolete or unnecessary; ○ Clarify text addressing charges for special construction or assembly related to telecommunications services; ○ Clarify the text of clauses used in basic agreements for telecommunications services; and ○ Remove text addressing the acquisition of telecommunications services from foreign carriers and examples of instances where additional information may be necessary to determine price reasonableness. Text on these subjects has been relocated to the DFARS companion resource, Procedures, Guidance, and Information (PGI), available at *http://www.acq.osd.mil/dpap/dars/pgi.* DoD published a proposed rule at 70 FR 54698 on September 16, 2005. DoD received no comments on the proposed rule. DoD has adopted the proposed rule as a final rule, with an additional change at DFARS 239.7406(c) to add a reference to PGI text containing examples of instances where additional information may be necessary to determine price reasonableness. 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 updates and clarifies DFARS text, but makes no significant change to DoD policy for the acquisition of information technology. 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 239 and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 239 and 252 are amended as follows: 1. The authority citation for 48 CFR parts 239 and 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 239—ACQUISITION OF INFORMATION TECHNOLOGY 239.7200 [Removed] 2. Section 239.7200 is removed. 3. Section 239.7201 is added to read as follows: 239.7201 Solicitation requirements. Contracting officers shall ensure that all applicable Federal Information Processing Standards are incorporated into solicitations. 239.7202 [Removed] 4. Section 239.7202 is removed. 5. Section 239.7400 is amended by revising the second sentence to read as follows: 239.7400 Scope. * * * Telecommunications services meet the definition of information technology. 6. Section 239.7402 is amended by revising paragraph

(a)and adding paragraph

(c)to read as follows: 239.7402 Policy.

(a)*Acquisition.* DoD policy is to acquire telecommunications services from common and noncommon telecommunications carriers—

(1)On a competitive basis, except when acquisition using other than full and open competition is justified;

(2)Recognizing the regulations, practices, and decisions of the Federal Communications Commission

(FCC)and other governmental regulatory bodies on rates, cost principles, and accounting practices; and

(3)Making provision in telecommunications services contracts for adoption of—

(i)FCC approved practices; or

(ii)The generally accepted practices of the industry on those issues concerning common carrier services where—

(A)The governmental regulatory body has not expressed itself;

(B)The governmental regulatory body has declined jurisdiction; or

(C)There is no governmental regulatory body to decide.

(c)*Foreign carriers.* For information on contracting with foreign carriers, see PGI 239.7402(c). 239.7403 and 239.7404 [Removed and Reserved] 7. Sections 239.7403 and 239.7404 are removed and reserved. 8. Section 239.7406 is amended by revising paragraph

(c)to read as follows: 239.7406 Cost or pricing data and information other than cost or pricing data.

(c)Contracting officers shall obtain sufficient information to determine that the prices are reasonable in accordance with FAR 15.403-3 or 15.403-4. See PGI 239.7406 for examples of instances where additional information may be necessary to determine price reasonableness. 9. Section 239.7408-1 is amended in paragraph

(e)by revising the last sentence to read as follows: 239.7408-1 General.

(e)* * * The contracting officer must approve special construction charges before final payment. 10. Section 239.7408-2 is amended by revising paragraph

(a)to read as follows: 239.7408-2 Applicability of construction labor standards for special construction.

(a)The construction labor standards in FAR Subpart 22.4 ordinarily do not apply to special construction. However, if the special construction includes construction, alteration, or repair (as defined in FAR 22.401) of a public building or public work, the construction labor standards may apply. Determine applicability under FAR 22.402. 11. Section 239.7409 is amended in paragraph

(b)by revising the second sentence to read as follows: 239.7409 Special assembly.

(b)* * * The contracting officer should negotiate special assembly rates and charges before starting service. * * * 12. Section 239.7411 is amended by revising paragraph

(d)to read as follows: 239.7411 Contract clauses.

(d)Use the clause at 252.239-7016, Telecommunications Security Equipment, Devices, Techniques, and Services, in solicitations and contracts when performance of a contract requires secure telecommunications. Subpart 239.75 [Removed] 13. Subpart 239.75 is removed. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 14. Section 252.239-7013 is revised to read as follows: 252.239-7013 Obligation of the Government. As prescribed in 239.7411(c), use the following clause: OBLIGATION OF THE GOVERNMENT (JUL 2006)

(a)This basic agreement is not a contract. The Government incurs no monetary liability under this agreement.

(b)The Government incurs liability only upon issuance of a communication service authorization, which is the contract and incorporates the terms of this agreement. (End of clause) 15. Section 252.239-7015 is revised to read as follows: 252.239-7015 Continuation of communication service authorizations. As prescribed in 239.7411(c), use the following clause: CONTINUATION OF COMMUNICATION SERVICE AUTHORIZATIONS (JUL 2006)

(a)All communication service authorizations issued by___incorporating Basic Agreement Number ___, dated ___, are modified to incorporate this basic agreement.

(b)Communication service authorizations currently in effect which were issued by the activity in paragraph

(a)of this clause incorporating other agreements with the Contractor may also be modified to incorporate this agreement.

(c)This basic agreement is not a contract. (End of clause) [FR Doc. E6-10851 Filed 7-10-06; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 91 RIN 1018-AU56 Revision of Federal Migratory Bird Hunting and Conservation Stamp (Duck Stamp) Contest Regulations AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: We, the Fish and Wildlife Service (Service, or we), revise the regulations governing the annual Migratory Bird Hunting and Conservation Stamp Contest [also known as the Federal Duck Stamp Contest (contest)]. Our amendments raise the contest entry fee by $25, to $125; update contest opening and entry deadline dates, locations, and mail and Internet site information; specify penalties for contestants who contact judges or copy designs from the Internet; relieve restrictions on our ability to announce judges' names; clarify ambiguous language in our regulations concerning matting of entries and minimum age of entrants; and update or correct technical advising for the contest, the common names and spelling of species on our list of contest design subjects, and minor grammar errors. DATES: This rule is effective on September 18, 2006. FOR FURTHER INFORMATION CONTACT: Patricia Fisher, Chief, Federal Duck Stamp Office,

(703)358-2000 (phone), *duckstamps@fws.gov* (e-mail), or

(703)358-2009 (fax). SUPPLEMENTARY INFORMATION: We revise the regulations governing the annual Migratory Bird Hunting and Conservation Stamp Contest [also known as the Federal Duck Stamp Contest (contest)]. Our amendments raise the contest entry fee by $25, to $125, and update contest opening and entry deadline dates, locations, and mail and Internet site information, so that our regulations are brought up to date with our current and new practices. They also specify penalties for contestants who contact judges or copy designs from the Internet; relieve restrictions on our ability to announce judges' names; clarify ambiguous language in our regulations concerning matting of entries and minimum age of entrants; and update or correct contest technical advisor information, the treatment and spelling of species' common names on our contest design subject list, and minor grammar errors. We do not believe the changes have much impact on the body of the regulations, and, except for the plagiarism penalty, the increase in the entry fee, and the penalty for contacting judges, they relieve restrictions on the public, clarify existing and new practices, or make corrections. Background For the history of the Federal Duck Stamp Program and the contest, please see our proposed rule, which published in the **Federal Register** on April 12, 2006 (71 FR 18697). Comments on and Change From the Proposed Rule On April 12, 2006, we published our proposed rule (71 FR 18697) in the **Federal Register** and requested public comment. We received two comments on the proposed rule. The first commenter vehemently objected to the use of taxpayer dollars to support the duck stamp program. We have made no changes to the final rule in response to this comment. The second commenter supported our updates, but asked for greater clarity in our species list at § 91.4 regarding the Canada goose. Since the AOU has split the cackling goose into a separate species from the Canada goose, we are responding to the second commenter by amending our list at § 91.4 to add Cackling goose ( *Branta hutchinsii* ) as a separate species from Canada goose ( *Branta canadensis* ). Changes to the Regulations at 50 CFR Part 91 We are making all the changes detailed in our proposed rule (71 FR 18697), plus the one additional change described above. The changes affect the regulations governing the contest, at 50 CFR part 91. Our amendments raise the entry fee from $100 to $125, to help offset the rising cost of administering the contest, update the contest regulations concerning opening and entry deadline dates, making the new dates earlier than the ones currently specified in part 91, and specify penalties for contestants who contact judges. Our revisions also remove a restriction governing our ability to announce names of judges. To update our regulations to reflect the ascendance of Internet technology, we also now expressly prohibit contestants from copying designs from the Internet. Although in the past we have held the contest solely in Washington, DC, from 2005 on, we have held and plan to continue to hold the contest in a different U.S. location each year. Therefore, we update contest location information. These changes also clarify ambiguous language in our regulations concerning matting of entries and minimum age of entrants. These amendments also update Service mail and Internet site information; update the common names and spellings of species on our list of potential contest design subjects; update the regulations to reflect a change in technical advising for the contest; and correct minor grammar errors. Service Mailing Addresses; Location of Contest We correct the address of the Duck Stamp Office as it appears at § 91.1(b) and § 91.16(b), because the office is no longer in Washington, DC, but is now located in Arlington, VA. The current regulations at § 91.22 reflect the long tradition of the contest being held in Washington, DC, at the Main Interior Building auditorium. However, the 2006 contest is the second contest to take place outside of Washington, DC. We plan to hold future contests in various U.S. locations corresponding to flyways. Therefore, we are removing the sentence from § 91.22 that states that the contest is held in the Main Interior Building auditorium. Holding the contest in various geographic locations will help attract more attention to the program, hopefully increasing the number of contest entries and giving a greater number of people throughout the United States access to the contest. The overall goal is to increase duck stamp sales to gain additional funds with which to purchase waterfowl habitat. The 2005 contest was the first contest ever held outside Washington, DC, and took place at the Memphis College of Arts, in Memphis, TN. The 2006 contest is also in Memphis, at the same location. Updating Species' Common Names or Spellings Section 91.4 contains our list of eligible species. For each year's contest, we choose five or fewer species from the list; one or more of those species (or a combination thereof; see § 91.14) are the only acceptable subjects for entries during that contest year. We announce each year's eligible species in a **Federal Register** notice, as well as in other materials we prepare and make available. Our list in § 91.4 contains scientific and common names accepted by the American Ornithologists' Union (AOU; *http://www.aou.org/;* see also the AOU Check-list at *http://www.aou.org/checklist/birdlist46.pdf;* this check-list is our standard reference on taxonomy, nomenclature, and capitalization). Since we first wrote our regulations, the AOU has changed the common name for the species *Clangula hyemalis,* from “Oldsquaw” to “Long-tailed Duck.” For Snow Goose ( *Chen caerulescens* ), we add the clarification that both “white” and “blue” morphs are on the list in § 91.4. We also add Cackling goose ( *Branta hutchinsii* ) as a separate species from Canada goose ( *Branta canadensis* ) (see “Comments on and Change from the Proposed Rule”). We make these changes, along with spelling corrections of some other names, to our list in § 91.4 so that this list will reflect the most current scientific and common names. Contest Opening and Entry Deadline Dates We are correcting § 91.11 of the regulations to bring the dates of the contest into alignment with current practices. The contest is now being held in early fall. Therefore, we now open the contest and start accepting entries on June 1 of each year, instead of July 1, as currently specified in the regulations. If you wish to enter a design in the contest, you must postmark your packaged entry no later than midnight on August 15. The current regulations give this deadline as September 15, but it is no longer correct. When we first wrote our regulations and codified them in the Code of Federal Regulations (CFR), the Internet was not as widely used as it is today. Therefore, we are taking this opportunity to add to § 91.11(c) that you can obtain the most up-to-date contest information by viewing the Web site *http://www.fws.gov/duckstamps* or by calling

(703)358-2000. Increase in Contest Entry Fee; Clarification of Minimum Age of Entrants We propose to raise the contest entry fee from $100 to $125 (§ 91.12), to help offset the rising cost of administering the contest. This modest increase is our first since 1996. It will help us continue to improve the contest. We also propose to change the language specifying minimum age of contest entrants so that the minimum age will remain 18 no matter when the contest begins. Clarification of Entry Format Requirements We are revising our regulations concerning contest entry format to more specifically guide entrants on proper matting procedures. In the past, some entrants have used glue to affix matting to their pictures, or have used other incorrect practices. You must not permanently affix matting to your picture, because if you later sell your picture, someone who has bought it might want to put it in another mat for framing. However, it is best to present your entry for the contest with matting affixed to the front of it, because judges will be judging your entry as it appears with matting—i.e., the judges do not look at any part of the painting that may lie beneath the matting. We are revising our regulations at § 91.13 to say that you must affix matting to your picture with white or clear tape that can be removed later. Preventing Internet Plagiarism; Including Noneligible Species in Designs Existing § 91.14 specifies that “an entry design may not be copied or duplicated from previously published art, including photographs.” We now update this section to add that an entry design may not be copied or duplicated from images in any format on the Internet. This section also explains that a live portrayal of any bird(s) of the five or fewer identified eligible species must be the dominant feature of the design, but that the design may depict other appropriate things such as hunting dogs, as long as the eligible bird or birds are in the foreground and center of attention. We now add to this section that appropriate noneligible bird species are also allowed to appear in the background of the design. We have been verbally advising entrants that noneligible bird species are allowed in the background of designs; therefore, we simply want to codify the practice we have been following. Penalties for Contestants Who Contact Judges; Broadening the Judge Selection Process We are amending § 91.21 to add penalties for contestants who contact judges before or during the contest. The penalty will be disqualification from that year's contest. Also, that person will be prohibited from entering the following three

(3)contests. Thus, the person would be prohibited from entering a total of four

(4)contests. In this same section, we are removing a restriction governing our selection of judges by removing from § 91.21(a) the stipulation that we will announce judges' names on the first day of the contest. This change allows us to announce our judges prior to the start of each year's contest, rather than waiting until the contest actually starts, and thereby allows us to publicize the contest more widely. Technical Advising for the Contest In our current regulations at § 91.24, we state that the Bureau of Engraving and Printing analyzes contest finalists' entries and advises us of any serious anatomical problems or design problems from the perspective of an engraver. However, since we wrote those regulations, the Bureau of Engraving and Printing has ceased production of stamps. Therefore, we are revising § 91.24 to note that our technical advisor is now the U.S. Postal Service. Required Determinations Regulatory Planning and Review (E.O. 12866) This document is not a significant rule and is not subject to review by the Office of Management and Budget under Executive Order (E.O.) 12866. 1. This rule will not have an annual effect of $100 million or more on the economy. It will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. 2. This rule will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. The rule deals solely with the contest. No other Federal agency has any role in regulating this endeavor. 3. This rule does not alter budgetary effects or entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients. There are no entitlements, grants, user fees, or loan programs associated with the regulation of the contest. 4. This rule does not raise novel legal or policy issues. This rule is primarily a reorganization and clarification of existing regulations. New provisions proposed in the rule are in compliance with other laws, policies, and regulations. Regulatory Flexibility Act The Department of the Interior certifies that this document will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ). The changes are intended primarily to clarify the requirements for the contest. In addition, these changes do not affect the information collected. These changes will affect individuals, not businesses or other small entities as defined in the RFA. The fee increase to $125 per entrant from $100 per entrant represents a $25.00 total increase per entrant. In recent years we have received an average of 250 entries per year. If this average remains constant, then approximately $6,250.00 is the estimated annual increase to the public to participate in the program. Small Business Regulatory Enforcement Fairness Act (SBREFA) This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: 1. Does not have an annual effect on the economy of $100 million or more. 2. Will not cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions. 3. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 *et seq.* ) is not required. Takings (E.O. 12630) In accordance with E.O. 12630, this rule does not have significant takings implications. A takings implication assessment is not required. Federalism (E.O. 13132) In accordance with E.O. 13132, this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. A Federalism Assessment is not required. Civil Justice Reform (E.O. 12988) In accordance with E.O. 12988, the Office of the Solicitor has determined that this rule does not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of the Order. Paperwork Reduction Act This rule does not contain new or revised information collections for which Office of Management and Budget approval is required under the Paperwork Reduction Act. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4371 *et seq.* ) is therefore not required. Government-to-Government Relationship With Tribes Under the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951), and 512 DM 2, we have evaluated possible effects on federally recognized Indian Tribes and have determined that there are no effects. Energy Supply, Distribution or Use On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This rule proposes to revise the current regulations in 50 CFR part 91 that govern the contest. This rule is not expected to significantly affect energy supplies, distribution, and use. Therefore, this action is a not a significant energy action and no Statement of Energy Effects is required. List of Subjects in 50 CFR Part 91 Hunting, Wildlife. Regulation Promulgation Accordingly, we amend part 91, subchapter G of chapter I, title 50 of the Code of Federal Regulations, as follows: PART 91—[AMENDED] 1. The authority citation for part 91 continues to read as follows: Authority: 5 U.S.C. 301; 16 U.S.C. 718j; 31 U.S.C. 9701. 2. Amend § 91.1(b) by revising the second sentence and adding a third sentence to read as follows: § 91.1 Purpose of regulations.

(b)* * * A copy of the regulations, along with the Reproduction Rights Agreement and Display and Participation Agreement, may be requested from the Federal Duck Stamp Office, U.S. Fish and Wildlife Service, 4401 N. Fairfax Dr. MBSP-4070, Arlington, VA 22203-1622. These documents can also be downloaded from our Web site: *http://www.fws.gov/duckstamps/.* 3. Amend § 91.2 by revising the definition of “Display and participation agreement” to read as follows: § 91.2 Definitions. *Display and participation agreement* —a document that each contestant must complete, sign, and submit with the entry. The signed agreement allows the Service to display the entry at various locations for promotional purposes, and requires the artist to participate in events on behalf of the Federal Duck Stamp Program. 4. Revise § 91.4 to read as follows: § 91.4 Eligible species. Five or fewer of the species listed below will be identified as eligible each year; those eligible species will be provided to each contestant with the information provided in § 91.1.

(a)*Whistling-Ducks.*

(1)Fulvous Whistling-Duck ( *Dendrocygna bicolor* )

(2)Black-bellied Whistling-Duck ( *Dendrocygna autumnalis* )

(b)*Swans.*

(1)Trumpeter Swan ( *Cygnus buccinator* )

(2)Tundra Swan ( *Cygnus columbianus* )

(c)*Geese.*

(1)Greater White-fronted Goose ( *Anser albifrons* )

(2)Snow Goose (including “white” and “blue” morphs) ( *Chen caerulescens* )

(3)Ross's Goose ( *Chen rossii* )

(4)Emperor Goose ( *Chen canagica* )

(5)Canada Goose ( *Branta canadensis* )

(6)Cackling Goose ( *Branta hutchinsii* )

(d)*Brant.*

(1)Brant ( *Branta bernicla* )

(e)*Dabbling Ducks.*

(1)Wood Duck ( *Aix sponsa* )

(2)American Wigeon ( *Anas americana* )

(3)Gadwall ( *Anas strepera* )

(4)American Green-winged Teal ( *Anas crecca carolinensis* )

(5)Mallard ( *Anas platyrhynchos* )

(6)Mottled Duck ( *Anas fulvigula* )

(7)American Black Duck ( *Anas rubripes* )

(8)Northern Pintail ( *Anas acuta* )

(9)Blue-winged Teal ( *Anas discors* )

(10)Cinnamon Teal ( *Anas cyanoptera* )

(11)Northern Shoveler ( *Anas clypeata* )

(f)*Diving Ducks.*

(1)Canvasback ( *Aythya valisineria* )

(2)Redhead ( *Aythya americana* )

(3)Ring-necked Duck ( *Aythya collaris* )

(4)Greater Scaup ( *Aythya marila* )

(5)Lesser Scaup ( *Aythya affinis* )

(g)*Sea-Ducks.*

(1)Common Eider ( *Somateria mollissima* )

(2)King Eider ( *Somateria spectabilis* )

(3)Spectacled Eider ( *Somateria fischeri* )

(4)Steller's Eider ( *Polysticta stelleri* )

(5)Harlequin Duck ( *Histrionicus histrionicus* )

(6)Long-tailed Duck ( *Clangula hyemalis* )

(7)Black Scoter ( *Melanitta nigra* )

(8)Surf Scoter ( *Melanitta perspicillata* )

(9)White-winged Scoter ( *Melanitta fusca* )

(10)Bufflehead ( *Bucephala albeola* )

(11)Barrow's Goldeneye ( *Bucephala islandica* )

(12)Common Goldeneye ( *Bucephala clangula* )

(h)*Mergansers.*

(1)Hooded Merganser ( *Lophodytes cucullatus* )

(2)Red-breasted Merganser ( *Mergus serrator* )

(3)Common Merganser ( *Mergus merganser* )

(i)*Stiff Tails.*

(1)Ruddy Duck ( *Oxyura jamaicensis* ) 5. Revise § 91.11 to read as follows: § 91.11 Contest opening date and entry deadline. The contest will officially open on June 1 of each year. Entries must be postmarked no later than midnight, August 15. For the latest information on contest time and place as well as all deadlines, please visit our Web site at *www.fws.gov/duckstamps* or call

(703)358-2000. 6. Revise § 91.12 to read as follows: § 91.12 Contest eligibility. United States citizens, nationals, or resident aliens are eligible to participate in the contest. Any person who has won the contest during the preceding 3 years will be ineligible to submit an entry in the current year's contest. All entrants must be at least 18 years of age by the contest opening date (see § 91.11) to participate in the contest. Contest judges and their relatives are ineligible to submit an entry. All entrants must submit a nonrefundable fee of $125.00 by cashier's check, certified check, or money order made payable to U.S. Fish and Wildlife Service. (Personal checks will not be accepted.) All entrants must submit a signed Reproduction Rights Agreement and a signed Display and Participation Agreement. 7. Revise § 91.13 to read as follows: § 91.13 Technical requirements for design and submission of entry. The design must be a horizontal drawing or painting 7 inches high and 10 inches wide. The entry may be drawn in any medium desired by the contestant and may be either multicolored or black and white. No scrollwork, lettering, bird band numbers, signatures or initials may appear on the design. Each entry must be matted (on the front only) with a 9 inch by 12 inch white mat, 1 inch wide. The matting must be affixed with clear or white tape holding the matting to the picture. Entries must not be framed, or under glass, or have any protective covering (other than the matting) attached to them. The entire entry cannot exceed 1/4 inch in total thickness. 8. Revise § 91.14 to read as follows: § 91.14 Restrictions on subject matter for entry. A live portrayal of any bird(s) of the five or fewer identified eligible species must be the dominant feature of the design. The design may depict more than one of the eligible species. Designs may include, but are not limited to, hunting dogs, hunting scenes, use of waterfowl decoys, National Wildlife Refuges as the background of habitat scenes, noneligible species, or other designs that depict uses of the stamp for sporting, conservation, and collecting purposes. The overall mandate will be to select the best design that will make an interesting, useful, and attractive duck stamp that will be accepted and prized by hunters, stamp collectors, conservationists, and others. The design must be the contestant's original hand-drawn creation. The entry design may not be copied or duplicated from previously published art, including photographs, or from images in any format published on the Internet. Photographs, computer-generated art, or art produced from a computer printer or other computer/mechanical output device (airbrush method excepted) are not eligible to be entered into the contest and will be disqualified. An entry submitted in a prior contest that was not selected for a Federal or State stamp design may be submitted in the current contest if the entry meets the above criteria. 9. Revise § 91.16(b) to read as follows: § 91.16 Submission procedures for entry.

(b)Each entry should be appropriately wrapped to protect the artwork and then either hand-delivered or sent by registered mail, certified mail, express mail, or overnight delivery service to the address in § 91.1(b) of this part. 10. Revise § 91.17 to read as follows: § 91.17 Property insurance for contest entries. Each contestant is responsible for obtaining adequate insurance coverage for his/her entry. Neither the Service nor the Department of the Interior will insure the entries, nor is the Service or Department responsible for loss or damage unless such is caused by Service or Department negligence or willful misconduct. The Service and Department reserve the right to determine whether negligence or willful misconduct led to artwork being damaged. Entry fees for the subsequent year's contest may be waived for artists whose artwork we determine to be damaged by any negligence on our part. This waiver remains at our discretion. 11. Amend § 91.21 by removing the final sentence from paragraph

(a)and adding a new paragraph (c), to read as follows: § 91.21 Selection and qualification of contest judges.

(c)*Disqualification.* Any contestant who contacts a judge prior to or during the contest will automatically be disqualified from the current year's contest and barred from entering the three contests that come after the current year's contest. 12. Revise § 91.22 to read as follows: § 91.22 Display of contest entries. The Federal Duck Stamp Office assigns all eligible entries a number as entries are received. That office displays the entries in numerical order at the contest site. 13. Amend § 91.24(f) by removing the words “Bureau of Engraving and Printing” and adding the words “U.S. Postal Service” in their place. Dated: June 28, 2006. Matt Hogan, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E6-10776 Filed 7-10-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216044-6044-01; I.D. 070606A] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Central Regulatory Area of the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for Pacific Ocean perch in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2006 total allowable catch

(TAC)of Pacific Ocean perch in the Central Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 6, 2006, through 2400 hrs, A.l.t., December 31, 2006. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska

(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens 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 2006 TAC of Pacific Ocean perch in the Central Regulatory Area of the GOA is 7,418 metric tons

(mt)as established by the 2006 and 2007 harvest specifications for groundfish of the GOA (71 FR 10870, March 3, 2006). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2006 TAC of Pacific Ocean perch in the Central Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 7,218 mt, and is setting aside the remaining 200 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific Ocean perch in the Central Regulatory Area of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and

(f)apply at any time during a trip. Classification This action responds to the best available information recently obtained from 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 delay the closure of Pacific Ocean perch in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 5, 2006. 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. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: July 6, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06-6127 Filed 7-6-06; 2:10 pm]

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