Defense Federal Acquisition Regulation Supplement; Technical Amendments, 76971-76972 [E8-29992]
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Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations
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.
D. Determination to Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
that urgent and compelling reasons exist
to publish an interim rule prior to
affording the public an opportunity to
comment. This interim rule implements
the determination made by the Under
Secretary of Defense for Acquisition,
Technology, and Logistics on August 15,
2008, that procuring articles that
contain only domestic para-aramid
fibers and yarns would result in solesource contracts or subcontracts for
such fibers and yarns; such sole-source
contracts or subcontracts would not be
in the best interest of the Government,
except as specifically justified and
approved consistent with 10 U.S.C.
2304; and all qualifying countries listed
at DFARS 225.872–1 permit the United
States firms that manufacture paraaramid fibers and yarns to compete with
foreign firms for the sale of para-aramid
fibers and yarns in that country.
Comments received in response to this
interim rule will be considered in the
formation of the final rule.
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 225.003 is amended by
revising paragraph (9) to read as follows:
■
225.003
Definitions.
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(9) Qualifying country means a
country with a memorandum of
understanding or international
agreement with the United States. The
following are qualifying countries:
Australia
Austria
Belgium
Canada
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Denmark
Egypt
Finland
France
Germany
Greece
Israel
Italy
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and
Northern Ireland.
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■ 3. Section 225.7002–2 is amended by
revising paragraph (o)(2) to read as
follows:
225.7002–2
Exceptions.
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(o) * * *
(2) The fibers and yarns are paraaramid fibers and yarns manufactured
in a qualifying country.
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PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.212–7001
[Amended]
4. Section 252.212–7001 is amended
as follows:
■ a. By revising the clause date to read
‘‘(DEC 2008)’’; and
■ b. In paragraph (b)(5) by removing
‘‘(MAR 2008)’’ and adding in its place
‘‘(DEC 2008)’’.
■ 5. Section 252.225–7012 is amended
as follows:
■ a. By revising the clause date;
■ b. By redesignating paragraphs (a)(3)
and (4) as paragraphs (a)(4) and (5)
respectively;
■ c. By adding a new paragraph (a)(3);
and
■ d. By revising paragraphs (c)(5) and
(c)(6)(ii) to read as follows:
■
252.225–7012 Preference for certain
domestic commodities.
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Preference for Certain Domestic
Commodities (DEC 2008)
(a) * * *
(3) Qualifying country means a
country with a memorandum of
understanding or international
agreement with the United States. The
following are qualifying countries:
Australia
Austria
Belgium
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76971
Canada
Denmark
Egypt
Finland
France
Germany
Greece
Israel
Italy
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and
Northern Ireland.
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(c) * * *
(5) To chemical warfare protective
clothing produced in a qualifying
country; or
(6) * * *
(ii) The fibers and yarns are paraaramid fibers and yarns manufactured
in a qualifying country.
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[FR Doc. E8–29994 Filed 12–17–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 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 update contact information
in a contract clause and to make minor
editorial corrections.
DATES: Effective Date: December 18,
2008.
FOR FURTHER INFORMATION CONTACT: Ms.
Michele Peterson, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0311;
facsimile 703–602–7887.
SUPPLEMENTARY INFORMATION: This final
rule amends DFARS text as follows:
Æ 252.203–7001. Updates a phone
number and adds a Web link.
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76972
Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations
Æ 252.211–7007. Corrects
punctuation.
DATES: Effective January 1, 2009,
through January 31, 2009.
List of Subjects in 48 CFR Part 252
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.)
and the Magnuson–Stevens Fishery
Conservation and Management Act
(Magnuson–Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, per the allocations
established in the Consolidated Highly
Migratory Species Fishery Management
Plan (Consolidated HMS FMP) (71 FR
58058, October 2, 2006).
The 2009 BFT fishing year, which is
managed on a calendar year basis and
subject to an annual calendar year
quota, begins January 1, 2009. Starting
on January 1, 2009, the General category
daily retention limit (§ 635.23(a)(2)), is
scheduled to revert back to the default
retention limit of one large medium or
giant BFT (measuring 73 inches (185
cm) CFL) or greater per vessel per day/
trip. This scheduled retention limit
applies to General category permitted
vessels and HMS Charter/Headboat
category permitted vessels (when
fishing commercially for BFT).
Each of the General category time
periods (January, June–August,
September, October–November, and
December) is allocated a portion of the
annual General category quota, thereby
ensuring extended fishing opportunities
in years when catch rates are high and
quota is available. In August, NMFS
adjusted the General category limit for
September through December 2008 from
the default level of one large medium or
giant BFT to three (thus maintaining a
three fish limit for all of the 2008
season). However, NMFS decided not to
make an adjustment for January 2009
until after the 2009 western Atlantic
BFT Total Allowable Catch (TAC) and
resulting U.S. quota were set at the
November 2008 ICCAT meeting (73 FR
50885, August 29, 2008).
The 2008 ICCAT recommendation
reduced the TAC (currently 2,100 mt) to
1,900 mt for 2009, resulting in a 2009
U.S. quota of 1,034.9 mt. Consistent
with the allocation scheme established
in the Consolidated HMS FMP, the
baseline General category share of the
2009 U.S. quota would be 475.7 mt, and
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR Part 252 is
amended as follows:
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
Part 252 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
252.203–7001
[Amended]
2. Section 252.203–7001 is amended
as follows:
■ a. By revising the clause date to read
‘‘(DEC 2008)’’; and
■ b. In paragraph (h) by removing ‘‘(301)
809–4904’’ and adding in its place
‘‘301–937–1542; www.ojp.usdoj.gov/
BJA/grant/DPFC.html’’.
■
252.211–7007
[Amended]
3. Section 252.211–7007 is amended
as follows:
■ a. In paragraph (d)(5) by adding an
ending parenthesis before the period;
and
■ b. In paragraph (d)(10)(vi) by
removing the ending parenthesis before
the period.
■
[FR Doc. E8–29992 Filed 12–17–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
RIN 0648–XM15
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
retention limit adjustment.
SUMMARY: NMFS has determined that
the Atlantic tunas General category
daily Atlantic bluefin tuna (BFT)
retention limit should be adjusted for
the January 2009 time period, based on
consideration of the determination
criteria regarding inseason adjustments.
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the baseline January 2009 General
category subquota would be 25.2 mt.
In order to implement the ICCAT
recommendation, NMFS is planning to
publish proposed quota specifications
in the beginning of 2009 to set BFT
quotas for each of the established
domestic fishing categories and to set
effort controls for the General category
and Angling category. In the meantime,
the General category BFT fishery
remains active into the winter, with
substantial landings reported in
November and December.
Adjustment of General Category Daily
Retention Limits
Under § 635.23(a)(4), NMFS may
increase or decrease the daily retention
limit of large medium and giant BFT
over a range of zero to a maximum of
three per vessel based on consideration
of the criteria provided under
§ 635.27(a)(8), which include: the
usefulness of information obtained from
catches in the particular category for
biological sampling and monitoring of
the status of the stock; the catches of the
particular category quota to date and the
likelihood of closure of that segment of
the fishery if no adjustment is made; the
projected ability of the vessels fishing
under the particular category quota to
harvest the additional amount of BFT
before the end of the fishing year; the
estimated amounts by which quotas for
other gear categories of the fishery might
be exceeded; effects of the adjustment
on BFT rebuilding and overfishing;
effects of the adjustment on
accomplishing the objectives of the
fishery management plan; variations in
seasonal distribution, abundance, or
migration patterns of BFT; effects of
catch rates in one area precluding
vessels in another area from having a
reasonable opportunity to harvest a
portion of the category’s quota; and a
review of dealer reports, daily landing
trends, and the availability of the BFT
on the fishing grounds.
NMFS has considered the set of
criteria cited above and their
applicability to the General category
BFT retention limit for the 2009 fishing
year. For example, January 2008 catch
rates were high, and under a 3–fish
limit, the January subquota was
exceeded. Based on these
considerations, and the reduced 2009
quota and subquotas, NMFS has
determined that the General category
retention limit should be adjusted to
allow for retention of the anticipated
2009 General category quota, but that an
approach more conservative than used
for January 2008 is warranted.
Therefore, NMFS increases the General
category retention limit from the default
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]]>Agencies
[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Rules and Regulations]
[Pages 76971-76972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29992]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 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 update contact information
in a contract clause and to make minor editorial corrections.
DATES: Effective Date: December 18, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-
0311; facsimile 703-602-7887.
SUPPLEMENTARY INFORMATION: This final rule amends DFARS text as
follows:
[cir] 252.203-7001. Updates a phone number and adds a Web link.
[[Page 76972]]
[cir] 252.211-7007. Corrects punctuation.
List of Subjects in 48 CFR Part 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR Part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR Part 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
252.203-7001 [Amended]
0
2. Section 252.203-7001 is amended as follows:
0
a. By revising the clause date to read ``(DEC 2008)''; and
0
b. In paragraph (h) by removing ``(301) 809-4904'' and adding in its
place ``301-937-1542; www.ojp.usdoj.gov/BJA/grant/DPFC.html''.
252.211-7007 [Amended]
0
3. Section 252.211-7007 is amended as follows:
0
a. In paragraph (d)(5) by adding an ending parenthesis before the
period; and
0
b. In paragraph (d)(10)(vi) by removing the ending parenthesis before
the period.
[FR Doc. E8-29992 Filed 12-17-08; 8:45 am]
BILLING CODE 5001-08-P
