69158 Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Rules and Regulations

TABLE 2.—CROP GROUP 13-07: SUBGROUP LISTING

Representative commodities Commodities

Crop Subgroup 13-07A. Caneberry subgroup Any one blackberry or any one ...... Blackberry; loganberry; raspberry, and black; wild raspberry; , vari- eties, and/or hybrids of these. Crop Subgroup 13-07B. Bushberry subgroup. , highbush...... Aronia ; blueberry, highbush; blueberry, lowbush; buffalo currant; Chilean guava; currant, black; currant, red; elderberry; European, barberry; gooseberry; , highbush; honeysuckle, edible; ; jostaberry; Juneberry; lingonberry; native currant; salal; sea buckthorn; cultivars, varieties, and/or hy- brids of these. Crop Subgroup 13-07C. Large /tree berry subgroup. Elderberry or mulberry...... Bayberry; buffaloberry; che; chokecherry; elderberry; Juneberry; mountain pepper ; mulberry; phalsa; pincherry; riberry; salal; serviceberry; cultivars, vari- eties, and/or hybrids of these. Crop Subgroup 13-07D. Small vine climbing subgroup. Grape and fuzzy kiwifruit...... Amur river grape; gooseberry; grape; kiwifruit, fuzzy; kiwifruit, hardy; Maypop; schisandra berry; cultivars, varieties, and /or hybrids of these. Crop Subgroup 13-07E. Small fruit vine climbing subgroup, except grape. Fuzzy kiwifruit...... Amur river grape; gooseberry; kiwifruit, fuzzy; kiwifruit, hardy; Maypop; schisandra berry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13-07F. Small fruit vine climbing subgroup except fuzzy kiwifruit. Grape...... Amur river grape; gooseberry; grape; kiwifruit, hardy; Maypop; schisandra berry; cultivars varieties, and/or hybrids of these. Crop Subgroup 13-07G. Low growing berry subgroup. ...... Bearberry; ; blueberry, lowbush; cloudberry; cranberry; lingonberry; muntries; partridgeberry; strawberry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13-07H. Low growing berry subgroup, ex- cept strawberry. Cranberry ...... Bearberry; bilberry; blueberry, lowbush; cloudberry; cranberry; lingonberry; muntries; partridgeberry; cultivars, varieties, and/or cultivars of these.

* * * * * CROP GROUP 21: EDIBLE FUNGI [FR Doc. E7–23659 Filed 12–6–07; 8:45 am] (22) Crop Group 21. Edible fungi GROUP—COMMODITIES BILLING CODE 6560–50–S Group. Blewitt, Lepista nuda (Tricholomataceae) (i) Representative commodities. White Bunashimeji, Hypsizygus marrmoreus (Agaricaceae) button and any one oyster DEPARTMENT OF DEFENSE Chinese mushroom, Volvariella volvacea mushroom or any Shiitake mushroom. (Bull.) Singer (Pluteaceae) Defense Acquisition Regulations (ii) Table. The following is a list of all Enoki, Flammulina velutipes (Curt.) Singer System the commodities in Crop Group 21. (Tricholomataceae) There are no related subgroups. Hime-, Agaricus blazei Murill (Agaricaeae) 48 CFR Part 216 Hirmeola, Auricularia auricular (Auricularicaceae) Defense Federal Acquisition Maitake, Grifola frondosa (Polyporaceae) Regulation Supplement; Technical Morel, spp. (Morchellaceae) Amendment Nameko, Pholiota nameko, (Strophariaceae) AGENCY: Defense Acquisition Net Bearing Dictyophora, Dictyophora Regulations System, Department of indusiata (Phallaceae) Oyster mushroom, Pleurotus spp. Defense (DoD). (Tricholomataceae) ACTION: Final rule. Pom Pom, Hericium erinaceus (Hydnaceae) Reishi mushroom, Ganoderma lucidum SUMMARY: DoD is making a technical (Leyss. Fr.) Karst. (Ganodermataceae) amendment to the Defense Federal Rodman’s agaricus, Agaricus bitorquis Acquisition Regulation Supplement (Quel.) Saccardo (Agaricaceae) (DFARS) to update a cross-reference Shiitake mushroom, Lentinula edodes (Berk.) within the DFARS text. Pegl. (Polyporaceae) DATES: Effective Date: December 7, 2007. Shimeji, Tricholoma conglobatum, (Tricholomataceae) FOR FURTHER INFORMATION CONTACT: Ms. Stropharia, Stropharia spp. (Strophariaceae) Michele Peterson, Defense Acquisition , Tuber spp. (Tuberaceae) Regulations System, OUSD (AT&L) White button mushroom, Agaricus bisporous DPAP (DARS), IMD 3D139, 3062 (Lange) Imbach (Agaricaceae) Defense Pentagon, , DC White Jelly Fungi, Tremella fuciformis 20301–3062. Telephone 703–602–0311; (Tremellaceae) facsimile 703–602–7887.

VerDate Aug<31>2005 14:57 Dec 06, 2007 Jkt 214001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1 rfrederick on PROD1PC67 with RULES Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Rules and Regulations 69159

SUPPLEMENTARY INFORMATION: This final A. Background information collection requirements in rule amends DFARS 216.603–4 to This final rule adds a clause at this rule are presently approved under update a cross-reference. DFARS 252.227–7038, Patent Rights- Office of Management and Budget Control Number 9000–0095, applicable List of Subjects in 48 CFR Part 216 Ownership by the Contractor (Large Business). The DFARS clause is similar to FAR Subpart 27.3. These hours will Government procurement. to the clause previously found at FAR be transferred to OMB Control Number Michele P. Peterson, 52.227–12, Patent Rights-Retention by 0704–0369, applicable to DFARS Part Editor, Defense Acquisition Regulations the Contractor (Long Form). The FAR 227. System. clause was removed by the final rule List of Subjects in 48 CFR Parts 227 and I Therefore, 48 CFR part 216 is published at 72 FR 63045 on November 252 amended as follows: 7, 2007, because DoD was the only agency using the clause. The new Government procurement. PART 216—TYPES OF CONTRACTS DFARS clause also contains changes for Michele P. Peterson, consistency with current statutory I 1. The authority citation for 48 CFR Editor, Defense Acquisition Regulations provisions and with other changes made System. part 216 continues to read as follows: to the FAR in the final rule published I Therefore, 48 CFR parts 227 and 252 Authority: 41 U.S.C. 421 and 48 CFR on November 7, 2007. The clause is are amended as follows: Chapter 1. prescribed for use in contracts awarded I 1. The authority citation for 48 CFR to large business concerns for 216.603–4 [Amended] parts 227 and 252 continues to read as experimental, developmental, or follows: I 2. Section 216.603–4 is amended in research work. paragraph (b)(3) by removing DoD published a proposed rule at 69 Authority: 41 U.S.C. 421 and 48 CFR ‘‘217.7406’’ and adding in its place FR 58377 on September 30, 2004. DoD Chapter 1. ‘‘217.7405’’. received no comments on the proposed rule. Therefore, DoD has adopted the PART 227—PATENTS, DATA, AND [FR Doc. E7–23658 Filed 12–6–07; 8:45 am] proposed rule as a final rule, with a COPYRIGHTS BILLING CODE 5001–08–P minor change resulting from the final I 2. Section 227.303 is revised to read FAR rule published on November 7, as follows: 2007, removal of the clause at DFARS DEPARTMENT OF DEFENSE 252.227–7034, Patents-Subcontracts. 227.303 Contract clauses. Defense Acquisition Regulations The clause at DFARS 252.227–7034 was (1) Use the clause at 252.227–7039, System used in contracts containing the clause Patents—Reporting of Subject at FAR 52.227–11, Patent Rights- Inventions, in solicitations and 48 CFR Parts 227 and 252 Retention by the Contractor (Short contracts containing the clause at FAR Form), to require inclusion of the clause 52.227–11, Patent Rights—Ownership RIN 0750–AD72 at FAR 52.227–12, Patent Rights- by the Contractor. Retention by the Contractor (Long (2)(i) Use the clause at 252.227–7038, Defense Federal Acquisition Form), in subcontracts for experimental, Regulation Supplement; Patent Rights- Patent Rights—Ownership by the developmental, or research work to be Contractor (Large Business), instead of Ownership by the Contractor (DFARS performed by other than a small Case 2001–D015) the clause at FAR 52.227–11, in business firm or nonprofit organization. solicitations and contracts for AGENCY: Defense Acquisition Since the clause at FAR 52.227–12 has experimental, developmental, or Regulations System, Department of been removed, and paragraph (k) of the research work if— Defense (DoD). clause at FAR 52.227–11, as revised at (A) The contractor is other than a ACTION: Final rule. 72 FR 63045 on November 7, 2007, small business concern or nonprofit adequately addresses subcontract organization; and SUMMARY: DoD has issued a final rule requirements, the clause at DFARS (B) No alternative patent rights clause amending the Defense Federal 252.227–7034 is no longer necessary is used in accordance with FAR Acquisition Regulation Supplement and is removed. 27.303(c) or (e). This rule was not subject to Office of (DFARS) to add a clause pertaining to (ii) Use the clause with its Alternate Management and Budget review under patent rights under contracts awarded to I if— Executive Order 12866, dated large business concerns for (A) The acquisition of patent rights for September 30, 1993. experimental, developmental, or the benefit of a foreign government is research work. The clause is B. Regulatory Flexibility Act required under a treaty or executive substantially the same as a Federal agreement; Acquisition Regulation (FAR) clause DoD certifies that this final rule will not have a significant economic impact (B) The agency head determines at the that has been removed because DoD was time of award that it would be in the the only agency using the clause. on a substantial number of small entities within the meaning of the Regulatory national interest to acquire the right to DATES: Effective Date: December 7, 2007. Flexibility Act, 5 U.S.C. 601, et seq., sublicense foreign governments or FOR FURTHER INFORMATION CONTACT: Ms. because the new DFARS clause applies international organizations pursuant to Amy Williams, Defense Acquisition only to contracts with large business any existing or future treaty or Regulations System, OUSD (AT&L) concerns and is substantially the same agreement; or DPAP (DARS), IMD 3D139, 3062 as a FAR clause that is already being (C) Other rights are necessary to effect Defense Pentagon, Washington, DC used in DoD contracts. a treaty or agreement, in which case 20301–3062. Telephone 703–602–0328; Alternate I may be appropriately facsimile 703–602–7887. Please cite C. Paperwork Reduction Act modified. DFARS Case 2001–D015. The Paperwork Reduction Act (44 (iii) Use the clause with its Alternate SUPPLEMENTARY INFORMATION: U.S.C. Chapter 35) applies. The II in long-term contracts if necessary to

VerDate Aug<31>2005 14:57 Dec 06, 2007 Jkt 214001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1 rfrederick on PROD1PC67 with RULES