Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2006 Red Snapper Commercial Fishery, 75894-75895 [E6-21536]
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Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Rules and Regulations
at 57 FR 14988 on April 23, 1992
(Defense Acquisition Circular 91–2,
Item XI). The industry association did
not believe that the statute was intended
to apply to end items (hardware)
delivered to the Government and used
in Government facilities. The
association recommended revision of
the prescriptive language to require
application of the clause to only those
contracts for the direct acquisition of
carbon, alloy, or armor steel plate. As a
result, the final rule published at 57 FR
53596 on November 12, 1992 (Defense
Acquisition Circular 91–4, Item XI),
required application of the clause to
carbon, alloy, and armor steel plate
furnished as a deliverable under the
contract or purchased by the contractor
as a raw material. The statutory
language addressing use of the plate in
a Government-owned facility or
property under the control of DoD
expresses an intent not to apply the
restriction to the manufacture of items
in the plants of commercial contractors.
For example, the restriction should not
apply if a contractor acquires a machine
tool for use in a Government-owned
facility, if the machine tool is
manufactured by another contractor in a
facility that is not Government-owned.
DoD has amended the rule to make this
concept clearer, without use of the term
‘‘raw material’’.
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 clarifies existing policy
regarding the statutory restriction on the
acquisition of foreign carbon, alloy, or
armor steel plate.
C. Paperwork Reduction Act
1. The authority citation for 48 CFR
parts 225 and 252 continues to read as
follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 225—FOREIGN ACQUISITION
2. Section 225.7011–1 is revised to
read as follows:
I
225.7011–1
Restriction.
(a) In accordance with Section 8111 of
the Fiscal Year 1992 DoD
Appropriations Act (Pub. L. 102–172)
and similar sections in subsequent DoD
appropriations acts, do not acquire any
of the following types of carbon, alloy,
or armor steel plate for use in a
Government-owned facility or a facility
under the control of (e.g., leased by)
DoD, unless it is melted and rolled in
the United States or Canada:
(1) Carbon, alloy, or armor steel plate
in Federal Supply Class 9515.
(2) Carbon, alloy, or armor steel plate
described by specifications of the
American Society for Testing Materials
or the American Iron and Steel Institute.
(b) This restriction—
(1) Applies to the acquisition of
carbon, alloy, or armor steel plate as a
finished steel mill product that may be
used ‘‘as is’’ or may be used as an
intermediate material for the fabrication
of an end product; and
(2) Does not apply to the acquisition
of an end product (e.g., a machine tool),
to be used in the facility, that contains
carbon, alloy, or armor steel plate as a
component.
I 3. Section 225.7011–3 is amended by
revising paragraph (a) to read as follows:
225.7011–3
Contract clause.
*
*
*
*
*
(a) Require the delivery to the
Government of carbon, alloy, or armor
steel plate that will be used in a
Government-owned facility or a facility
under the control of DoD; or
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
List of Subjects in 48 CFR Parts 225 and
252
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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.
252.225–7030 Restriction on Acquisition
of Carbon, Alloy, and Armor Steel Plate.
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 225 and 252
are amended as follows:
I
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14:56 Dec 18, 2006
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United States or Canada if the carbon,
alloy, or armor steel plate—
(1) Is in Federal Supply Class 9515 or
is described by specifications of the
American Society for Testing Materials
or the American Iron and Steel Institute;
and
(2)(i) Will be delivered to the
Government for use in a Governmentowned facility or a facility under the
control of the Department of Defense; or
(ii) Will be purchased by the
Contractor for use in a Governmentowned facility or a facility under the
control of the Department of Defense.
(b) This restriction—
(1) Applies to the acquisition of
carbon, alloy, or armor steel plate as a
finished steel mill product that may be
used ‘‘as is’’ or may be used as an
intermediate material for the fabrication
of an end product; and
(2) Does not apply to the acquisition
of an end product (e.g., a machine tool),
to be used in the facility, that contains
carbon, alloy, or armor steel plate as a
component.
(End of clause)
[FR Doc. E6–21511 Filed 12–18–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 990506119–9236–02; I.D.
121106C]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Closure
of the 2006 Red Snapper Commercial
Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
As prescribed in 225.7011–3, use the
following clause:
SUMMARY: NMFS closes the commercial
fishery for red snapper in the exclusive
economic zone (EEZ) of the Gulf of
Mexico. NMFS has determined the fall
portion of the annual commercial quota
for red snapper will have been reached
by December 26, 2006. This closure is
necessary to protect the red snapper
resource.
Restriction on Acquisition of Carbon,
Alloy, and Armor Steel Plate (DEC
2006)
(a) Carbon, alloy, and armor steel
plate shall be melted and rolled in the
Closure is effective noon, local
time, December 26, 2006, until 12:01
a.m., local time, on January 1, 2007.
FOR FURTHER INFORMATION CONTACT:
Jason Rueter, telephone 727–824–5350,
4. Section 252.225–7030 is revised to
read as follows:
I
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DATES:
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Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Rules and Regulations
fax 727–824–5308, e-mail
Jason.Rueter@noaa.gov.
The reef
fish fishery of the Gulf of Mexico is
managed under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP).
The FMP was prepared by the Gulf of
Mexico Fishery Management Council
and is implemented under the authority
of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622. Those regulations
set the commercial quota for red
snapper in the Gulf of Mexico at 4.65
million lb (2.11 million kg) for the
current fishing year, January 1 through
December 31, 2006. The red snapper
commercial fishing season was split into
two time periods, the first commencing
at noon on February 1 with two-thirds
of the annual quota (3.10 million lb
(1.41 million kg)) available, and the
second commencing at noon on October
1 with the remainder of the annual
quota available. During the commercial
season, the red snapper commercial
fishery opens at noon on the first of
each month and closes at noon on the
10th of each month, until the applicable
commercial quotas are reached.
Under 50 CFR 622.43(a), NMFS is
required to close the commercial fishery
for a species or species group when the
cprice-sewell on PROD1PC66 with RULES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
14:56 Dec 18, 2006
Jkt 211001
quota for that species or species group
is reached, or is projected to be reached,
by filing a notification to that effect with
the Office of the Federal Register. Based
on current statistics, NMFS has
determined that the available fall
commercial quota of 1.65 million lb
(0.75 million kg) for red snapper will be
reached when the fishery closes on
December 26, 2006. Accordingly, NMFS
is closing the commercial red snapper
fishery in the Gulf of Mexico EEZ from
noon, local time, on December 26, 2006,
until 12:01 a.m., local time, on January
1, 2007, when the red snapper
individual fishing quota (IFQ) program
becomes effective. The operator of a
vessel with a valid commercial vessel
permit for Gulf reef fish having red
snapper aboard must have landed and
bartered, traded, or sold such red
snapper prior to noon, local time,
December 26, 2006.
During the closure, the sale or
purchase of red snapper taken from the
EEZ is prohibited. The prohibition on
sale or purchase does not apply to sale
or purchase of red snapper that were
harvested, landed ashore, and sold prior
to noon, local time, December 26, 2006,
and were held in cold storage by a
dealer or processor.
Classification
This action responds to the best
available information recently obtained
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75895
from the fishery. The Administrator,
Southeast Region, NMFS, finds the need
to immediately implement this action to
close the fishery constitutes good cause
to waive the requirements to provide
prior notice and opportunity for public
comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(3)(B), as such
procedures would be unnecessary and
contrary to the public interest.
Similarly, there is a need to implement
these measures in a timely fashion to
prevent an overage of the commercial
quota of Gulf of Mexico red snapper,
given the capacity of the fishing fleet to
harvest the quota quickly. Any delay in
implementing this action would be
impractical and contrary to the
Magnuson-Stevens Act, the FMP, and
the public interest. For these same
reasons, NMFS finds good cause that the
implementation of this action cannot be
delayed for 30 days. Accordingly, under
5 U.S.C. 553(d)(3), a delay in the
effective date is waived.
This action is required under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E6–21536 Filed 12–18–06; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 243 (Tuesday, December 19, 2006)]
[Rules and Regulations]
[Pages 75894-75895]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21536]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 990506119-9236-02; I.D. 121106C]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2006 Red
Snapper Commercial Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the commercial fishery for red snapper in the
exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has
determined the fall portion of the annual commercial quota for red
snapper will have been reached by December 26, 2006. This closure is
necessary to protect the red snapper resource.
DATES: Closure is effective noon, local time, December 26, 2006, until
12:01 a.m., local time, on January 1, 2007.
FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727-824-5350,
[[Page 75895]]
fax 727-824-5308, e-mail Jason.Rueter@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf
of Mexico Fishery Management Council and is implemented under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Those
regulations set the commercial quota for red snapper in the Gulf of
Mexico at 4.65 million lb (2.11 million kg) for the current fishing
year, January 1 through December 31, 2006. The red snapper commercial
fishing season was split into two time periods, the first commencing at
noon on February 1 with two-thirds of the annual quota (3.10 million lb
(1.41 million kg)) available, and the second commencing at noon on
October 1 with the remainder of the annual quota available. During the
commercial season, the red snapper commercial fishery opens at noon on
the first of each month and closes at noon on the 10\th\ of each month,
until the applicable commercial quotas are reached.
Under 50 CFR 622.43(a), NMFS is required to close the commercial
fishery for a species or species group when the quota for that species
or species group is reached, or is projected to be reached, by filing a
notification to that effect with the Office of the Federal Register.
Based on current statistics, NMFS has determined that the available
fall commercial quota of 1.65 million lb (0.75 million kg) for red
snapper will be reached when the fishery closes on December 26, 2006.
Accordingly, NMFS is closing the commercial red snapper fishery in the
Gulf of Mexico EEZ from noon, local time, on December 26, 2006, until
12:01 a.m., local time, on January 1, 2007, when the red snapper
individual fishing quota (IFQ) program becomes effective. The operator
of a vessel with a valid commercial vessel permit for Gulf reef fish
having red snapper aboard must have landed and bartered, traded, or
sold such red snapper prior to noon, local time, December 26, 2006.
During the closure, the sale or purchase of red snapper taken from
the EEZ is prohibited. The prohibition on sale or purchase does not
apply to sale or purchase of red snapper that were harvested, landed
ashore, and sold prior to noon, local time, December 26, 2006, and were
held in cold storage by a dealer or processor.
Classification
This action responds to the best available information recently
obtained from the fishery. The Administrator, Southeast Region, NMFS,
finds the need to immediately implement this action to close the
fishery constitutes good cause to waive the requirements to provide
prior notice and opportunity for public comment pursuant to the
authority set forth in 5 U.S.C. 553(b)(3)(B), as such procedures would
be unnecessary and contrary to the public interest. Similarly, there is
a need to implement these measures in a timely fashion to prevent an
overage of the commercial quota of Gulf of Mexico red snapper, given
the capacity of the fishing fleet to harvest the quota quickly. Any
delay in implementing this action would be impractical and contrary to
the Magnuson-Stevens Act, the FMP, and the public interest. For these
same reasons, NMFS finds good cause that the implementation of this
action cannot be delayed for 30 days. Accordingly, under 5 U.S.C.
553(d)(3), a delay in the effective date is waived.
This action is required under 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E6-21536 Filed 12-18-06; 8:45 am]
BILLING CODE 3510-22-S
