Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2008 Gulf of Alaska Pollock Total Allowable Catch Amount, 1831-1841 [08-63]
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yshivers on PROD1PC62 with RULES
Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Rules and Regulations
sources submitted comments on the
proposed rule. A discussion of the
comments is provided below.
1. Comment: One respondent stated
that the rule would increase
administrative costs by significantly
increasing paperwork creation,
administration, and coordination. The
respondent recommended that, at a
minimum, alternative language be
added to allow the use of contractor
format DD Form 250 material inspection
and receiving reports instead of WAWFRA report printing.
DoD Response: Contractors presently
are responsible for distributing DD Form
250 in accordance with DFARS
Appendix F, Part 4, F–401, using the
instructions in Tables 1 and 2, which
require distribution of two copies with
each shipment. Therefore, the
requirement for contractors to print
copies of the WAWF–RA report instead
of the DD Form 250 will not
significantly increase the cost or effort
of preparing shipping documents. Only
the forms already in WAWF–RA must
be printed; thus this should not be a
significant administrative burden.
However, to allow flexibility, DoD has
amended the rule to incorporate the
respondent’s recommendation that
contractors be allowed to use the DD
Form 250 instead of a printed WAWF–
RA form.
2. Comment: One respondent stated
that the requirement for two paper
copies to be distributed with shipments
would create unnecessary costs and
additional administrative burdens for
many vendors and would unnecessarily
duplicate the electronic process,
thwarting the goal of the WAWF–RA
being a paperless system. The
respondent further suggested that this
and similar issues be addressed through
the DFARS Procedures, Guidance, and
Information (PGI) web page rather than
as a change to the DFARS.
DoD Response: Printed copies of the
receiving report are needed for each
shipment to eliminate costly stocking,
payment, and frustrated cargo issues
now affecting both DoD and contractors.
As noted in the response to Comment 1,
contractors already are responsible for
distributing copies of DD Form 250 with
the shipment. Therefore, this rule will
not significantly increase the cost or
effort of preparing shipping documents.
The respondent’s recommendation to
address this issue through PGI is not a
feasible solution, since this issue relates
to contractor requirements, whereas PGI
addresses internal DoD procedures and
guidance.
3. Comment: One respondent stated
that the WAWF–RA receiving report
does not include the unique
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identification (UID) tab, where the
contractor lists UIDs and serial numbers
for items requiring them.
DoD Response: The respondent’s
comment has been noted; however, the
content of the WAWF–RA receiving
report is outside the scope of this
DFARS 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 makes no significant
change to DoD policy for preparation
and use of material inspection and
receiving reports.
C. Paperwork Reduction Act
The information collection
requirements for DoD material
inspection and receiving reports have
been approved by the Office of
Management and Budget, under Control
Number 0704–0248, for use through
March 31, 2008.
List of Subjects in 48 CFR Part 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 252 and
Appendix F to chapter 2 are amended
as follows:
I 1. The authority citation for 48 CFR
part 252 and Appendix F to subchapter
I continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
2. Section 252.246–7000 is amended
by revising the clause date and
paragraph (b) to read as follows:
I
252.246–7000 Material Inspection and
Receiving Report.
*
*
*
*
*
Material Inspection and Receiving
Report (JAN 2008)
*
*
*
*
*
(b) Contractor submission of the
material inspection and receiving
information required by Appendix F of
the Defense FAR Supplement by using
the Wide Area WorkFlow-Receipt and
Acceptance (WAWF–RA) electronic
form (see paragraph (b)(1) of the clause
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1831
at 252.232–7003) fulfills the
requirement for a material inspection
and receiving report (DD Form 250).
Two copies of the receiving report
(paper copies of either the DD Form 250
or the WAWF–RA report) shall be
distributed with the shipment, in
accordance with Appendix F, Part 4, F–
401, Table 1, of the Defense FAR
Supplement.
I 3. Appendix F to chapter 2 is
amended in Part 4, Section F–401, by
revising paragraph (a) to read as follows:
Appendix F—Material Inspection and
Receiving Report
*
*
*
*
*
F–401 Distribution
(a) The contractor is responsible for
distributing the DD Form 250, including
mailing and payment of postage. Use of the
Wide Area WorkFlow-Receipt and
Acceptance (WAWF–RA) electronic form
satisfies the distribution requirements of this
section, except for the copies required to
accompany shipment.
*
*
*
*
*
[FR Doc. E8–178 Filed 1–9–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 070213032–7032–01]
RIN 0648–XE84
Fisheries of the Exclusive Economic
Zone Off Alaska; Inseason Adjustment
to the 2008 Gulf of Alaska Pollock
Total Allowable Catch Amount
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment; request for comments.
AGENCY:
SUMMARY: NMFS is adjusting the 2008
total allowable catch (TAC) amounts for
pollock in the Gulf of Alaska (GOA).
This action is necessary because NMFS
has determined these TACs are
incorrectly specified. This action will
ensure the GOA pollock TACs do not
exceed the appropriate amount based on
the best available scientific information
for pollock in the GOA. This action is
consistent with the goals and objectives
of the Fishery Management Plan for
Groundfish of the Gulf of Alaska Area
(FMP).
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), January 7, 2008, until the
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effective date of the 2008 and 2009 final
harvest specifications for GOA
groundfish, unless otherwise modified
or superceded through publication of a
notification in the Federal Register.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., January 22, 2008.
ADDRESSES: You may submit comments,
identified by RIN0648–XE84, by any
one of the following methods:
• Mail to: P.O. Box 21668, Juneau, AK
99802
• Hand delivery to the Federal
Building, 709 West 9th Street, Room
420A, Juneau, Alaska
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov
• FAX to 907–586–7557, Attn: Ellen
Sebastian
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Gulf of Alaska (GOA) according to the
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FMP prepared by the North Pacific
Fishery Management Council (Council)
under authority of the MagnusonStevens 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 2008 TAC of pollock in the GOA
was set at 81,467 metric tons (mt) by the
2007 and 2008 harvest specification for
groundfish in the GOA (72 FR 9676,
March 5, 2007). The 2008 pollock TAC
in Statistical Area 610 in the GOA was
set at 30,308 mt. The 2008 pollock TAC
in Statistical Area 620 in the GOA was
set at 25,313 mt. The 2008 pollock TAC
in Statistical Area 630 in the GOA was
set at 17,995 mt. The 2008 pollock TAC
in the West Yakutat District was set at
1,694 mt.
In December 2007, the Council
recommended a 2008 pollock TAC of
60,180 mt for the GOA. The Council
recommended the following
apportionments by area for the 2008
pollock TAC: 17,602 mt for Statistical
Area 610, 19,181 mt for Statistical Area
620, 13,640 mt for Statistical Area 630,
and 1,517 mt for the West Yakutat
District. These amounts are less than the
pollock TACs as established by the 2007
and 2008 harvest specification for
groundfish in the GOA (72 FR 9676,
March 5, 2007). The TACs
recommended by the Council are based
on the Stock Assessment and Fishery
Evaluation report (SAFE), dated
November 2007, which NMFS has
determined is the best available
scientific information for this fishery.
Steller sea lions occur in the same
location as the pollock fishery and are
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listed as endangered under the
Endangered Species Act (ESA). Pollock
is a principal prey species for Steller sea
lions in the GOA. The seasonal
apportionment of pollock harvest is
necessary to ensure the groundfish
fisheries are not likely to cause jeopardy
of extinction or adverse modification of
critical habitat for Steller sea lions. The
regulations at § 679.20(a)(5)(iv) specifies
how the pollock TAC shall be
apportioned.
In accordance with
§ 679.25(a)(2)(i)(B), the Administrator,
Alaska Region, NMFS (Regional
Administrator), has determined that,
based on the November 2007 SAFE
report for this fishery, the current GOA
pollock TACs are incorrectly specified.
Consequently, the Regional
Administrator is adjusting the 2008
pollock TAC to 60,180 mt in the GOA.
The Regional Administrator is also
adjusting the 2008 pollock TAC to
17,602 mt in Statistical Area 610, to
19,181 mt in Statistical Area 620, to
13,640 mt in Statistical Area 630, and to
1,517 mt in the West Yakutat District.
Pursuant to § 679.20(a)(5)(iv), Tables
2, 6, 14, and 17 of the 2007 and 2008
final harvest specifications for
groundfish in the GOA (72 FR 9676,
March 5, 2007) are revised for the 2008
pollock TACs consistent with this
adjustment. Pursuant to § 679.92(b),
Table 17 of the 2008 final harvest
specifications for groundfish in the GOA
(72 FR 71802, December 19, 2007) is
revised for the 2008 annual pollock
TACs in the GOA consistent with this
adjustment.
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This action responds to the best
available information recently
obtainedfrom 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
VerDate Aug<31>2005
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Jkt 214001
allow for harvests that exceed the
appropriate allocations for pollock
based on the best scientific information
available. NMFS was unable to publish
a notice providing time for public
comment because the most recent,
relevant data only became available as
of December 13, 2007, and additional
time for prior public comment would
result in conservation concerns for the
ESA-listed Stellersea lions.
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
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prior notice and opportunity for public
comment.
Under § 679.25(c)(2), interested
persons are invited to submit written
comments on this action to the above
address until January 22, 2008.
This action is required by § 679.22
and § 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 4, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 08–63 Filed 1–7–08; 2:11 pm]
BILLING CODE 3510–22–C
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Classification
1841
]]>Agencies
[Federal Register Volume 73, Number 7 (Thursday, January 10, 2008)]
[Rules and Regulations]
[Pages 1831-1841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-63]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213032-7032-01]
RIN 0648-XE84
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2008 Gulf of Alaska Pollock Total Allowable Catch
Amount
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the 2008 total allowable catch (TAC) amounts
for pollock in the Gulf of Alaska (GOA). This action is necessary
because NMFS has determined these TACs are incorrectly specified. This
action will ensure the GOA pollock TACs do not exceed the appropriate
amount based on the best available scientific information for pollock
in the GOA. This action is consistent with the goals and objectives of
the Fishery Management Plan for Groundfish of the Gulf of Alaska Area
(FMP).
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 7, 2008,
until the
[[Page 1832]]
effective date of the 2008 and 2009 final harvest specifications for
GOA groundfish, unless otherwise modified or superceded through
publication of a notification in the Federal Register.
Comments must be received at the following address no later than
4:30 p.m., A.l.t., January 22, 2008.
ADDRESSES: You may submit comments, identified by RIN0648-XE84, by any
one of the following methods:
Mail to: P.O. Box 21668, Juneau, AK 99802
Hand delivery to the Federal Building, 709 West 9th
Street, Room 420A, Juneau, Alaska
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov
FAX to 907-586-7557, Attn: Ellen Sebastian
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Gulf of Alaska (GOA) according to the FMP prepared by the North Pacific
Fishery Management Council (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 2008 TAC of pollock in the GOA was set at 81,467 metric tons
(mt) by the 2007 and 2008 harvest specification for groundfish in the
GOA (72 FR 9676, March 5, 2007). The 2008 pollock TAC in Statistical
Area 610 in the GOA was set at 30,308 mt. The 2008 pollock TAC in
Statistical Area 620 in the GOA was set at 25,313 mt. The 2008 pollock
TAC in Statistical Area 630 in the GOA was set at 17,995 mt. The 2008
pollock TAC in the West Yakutat District was set at 1,694 mt.
In December 2007, the Council recommended a 2008 pollock TAC of
60,180 mt for the GOA. The Council recommended the following
apportionments by area for the 2008 pollock TAC: 17,602 mt for
Statistical Area 610, 19,181 mt for Statistical Area 620, 13,640 mt for
Statistical Area 630, and 1,517 mt for the West Yakutat District. These
amounts are less than the pollock TACs as established by the 2007 and
2008 harvest specification for groundfish in the GOA (72 FR 9676, March
5, 2007). The TACs recommended by the Council are based on the Stock
Assessment and Fishery Evaluation report (SAFE), dated November 2007,
which NMFS has determined is the best available scientific information
for this fishery.
Steller sea lions occur in the same location as the pollock fishery
and are listed as endangered under the Endangered Species Act (ESA).
Pollock is a principal prey species for Steller sea lions in the GOA.
The seasonal apportionment of pollock harvest is necessary to ensure
the groundfish fisheries are not likely to cause jeopardy of extinction
or adverse modification of critical habitat for Steller sea lions. The
regulations at Sec. 679.20(a)(5)(iv) specifies how the pollock TAC
shall be apportioned.
In accordance with Sec. 679.25(a)(2)(i)(B), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that,
based on the November 2007 SAFE report for this fishery, the current
GOA pollock TACs are incorrectly specified. Consequently, the Regional
Administrator is adjusting the 2008 pollock TAC to 60,180 mt in the
GOA. The Regional Administrator is also adjusting the 2008 pollock TAC
to 17,602 mt in Statistical Area 610, to 19,181 mt in Statistical Area
620, to 13,640 mt in Statistical Area 630, and to 1,517 mt in the West
Yakutat District.
Pursuant to Sec. 679.20(a)(5)(iv), Tables 2, 6, 14, and 17 of the
2007 and 2008 final harvest specifications for groundfish in the GOA
(72 FR 9676, March 5, 2007) are revised for the 2008 pollock TACs
consistent with this adjustment. Pursuant to Sec. 679.92(b), Table 17
of the 2008 final harvest specifications for groundfish in the GOA (72
FR 71802, December 19, 2007) is revised for the 2008 annual pollock
TACs in the GOA consistent with this adjustment.
BILLING CODE 3510-22-S
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[GRAPHIC] [TIFF OMITTED] TR10JA08.009
Classification
This action responds to the best available information recently
obtainedfrom 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 allow for harvests that exceed the appropriate allocations for
pollock based on the best scientific information available. NMFS was
unable to publish a notice providing time for public comment because
the most recent, relevant data only became available as of December 13,
2007, and additional time for prior public comment would result in
conservation concerns for the ESA-listed Stellersea lions.
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.
Under Sec. 679.25(c)(2), interested persons are invited to submit
written comments on this action to the above address until January 22,
2008.
This action is required by Sec. 679.22 and Sec. 679.25 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 4, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 08-63 Filed 1-7-08; 2:11 pm]
BILLING CODE 3510-22-C
