Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2009 Bering Sea Pollock Total Allowable Catch Amount; Correction, 866-867 [E9-222]

Download as PDF yshivers on PROD1PC62 with RULES 866 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Rules and Regulations entitlement to an equitable adjustment warrants estimating, scheduling, or other effort not reasonably foreseeable at the time of contract award; (2) Proposed costs are not included in a firm’s time-related costs or overhead rate; and (3) Proposed costs were incurred prior to a Contracting Officer’s unilateral determination of an equitable adjustment under the conditions set forth in paragraph (o), or were incurred prior to the time the request for equitable adjustment otherwise became a matter in dispute. (l) Proposed direct costs, markups, and proposal preparation costs shall be allowable in the determination of an equitable adjustment only if they are reasonable and otherwise consistent with the contract cost principles and procedures set forth in part 31 of the Federal Acquisition Regulation (48 CFR part 31) in effect on the date of this contract. Characterization of costs as direct costs, time-related costs, or overhead costs must be consistent with the requesting firm’s accounting practices on other work under this contract and other contracts. (m) If the Contracting Officer determines that it is in the Government’s interest that the Contractor proceed with a change before negotiation of an equitable adjustment is completed, the Contracting Officer may order the Contractor to proceed on the basis of a unilateral modification to the contract increasing or decreasing the contract price by an amount to be determined later. Such increase or decrease shall not exceed the increase or decrease proposed by the Contractor. (n) If the parties cannot agree to an equitable adjustment, the Contracting Officer may determine the equitable adjustment unilaterally. (o) The Contractor shall not be entitled to any proposal preparation costs incurred subsequent to the date of a unilateral determination or denial of the request if the Contracting Officer issues a unilateral determination or denial under any of the following circumstances: (1) The Contractor fails to submit a proposal within the time required by this contract or such time as may reasonably be required by the Contracting Officer. (2) The Contractor fails to submit additional information requested by the Contracting Officer within the time reasonably required. (3) Agreement to an equitable adjustment cannot be reached within 60 days of submission of the Contractor’s proposal or receipt of additional requested information, despite the VerDate Nov<24>2008 15:07 Jan 08, 2009 Jkt 217001 Contracting Officer’s diligent efforts to negotiate the equitable adjustment. (End of clause) 552.243–72 ■ [Removed] 5. Remove section 552.243–72. [FR Doc. E9–215 Filed 1–8–09; 8:45 am] BILLING CODE 6820–61–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673–8011–02] RIN 0648–XM47 Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2009 Bering Sea Pollock Total Allowable Catch Amount; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Correction to a temporary rule; inseason adjustment; request for comments. This document corrects the comment period and a date for a temporary rule that published in the Federal Register on January 2, 2009 (74 FR 38). That rule adjusted the 2009 total allowable catch amount (TAC) for the Bering Sea pollock fishery to ensure the Bering Sea pollock TAC does not exceed the appropriate amount based on the best available scientific information for pollock in the Bering Sea subarea. One typographical error specifies that comments are due on the date of publication and another typographical error specifies that comments are due on January 13, 2008. The correct date is January 13, 2009. The date that data became available is also corrected. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 29, 2008, through 2400 hrs, A.l.t., December 31, 2009, 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 13, 2009. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by ‘‘RIN 0648– XM47,’’ by any one of the following methods: SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at https://www.regulations.gov. • Mail: P. O. Box 21668, Juneau, AK 99802. • Fax: (907) 586–7557. • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. 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 (e.g., name, address) 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 (enter ‘‘N/A’’ in the required fields, if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe portable document file (pdf) formats only. FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907–586–7228. SUPPLEMENTARY INFORMATION: Correction The final rule, identified as FR Doc. E8–31224 that published in the Federal Register on January 2, 2009 (74 FR 38) is corrected by fixing three typographical errors as follows. 1. On page 38, in the second column, the second paragraph under the DATES caption is corrected to read: ‘‘Comments must be received at the following address no later than 4:30 p.m., A.l.t., January 13, 2009.’’ 2. On page 39, column 2, in the last line the date ‘‘December 19, 2007’’ is corrected to read ‘‘December 19, 2008’’. 3. On page 40, in the first column, line 2, the date ‘‘January 13, 2008’’ is corrected to read ‘‘January 13, 2009’’. Classification This action corrects three typographical errors and does not otherwise change the requirements in the January 2, 2009 (74 FR 38) temporary rule. 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 E:\FR\FM\09JAR1.SGM 09JAR1 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Rules and Regulations yshivers on PROD1PC62 with RULES 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 VerDate Nov<24>2008 15:07 Jan 08, 2009 Jkt 217001 of December 19, 2008, and additional time for prior public comment would result in conservation concerns for the ESA–listed Steller sea 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 in the January 2, 2009 (74 FR 38) rule and is not repeated here. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 867 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 6, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–222 Filed 1–8–09; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\09JAR1.SGM 09JAR1

Agencies

[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Rules and Regulations]
[Pages 866-867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-222]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XM47


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2009 Bering Sea Pollock Total Allowable Catch Amount; 
Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Correction to a temporary rule; inseason adjustment; request 
for comments.

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SUMMARY: This document corrects the comment period and a date for a 
temporary rule that published in the Federal Register on January 2, 
2009 (74 FR 38). That rule adjusted the 2009 total allowable catch 
amount (TAC) for the Bering Sea pollock fishery to ensure the Bering 
Sea pollock TAC does not exceed the appropriate amount based on the 
best available scientific information for pollock in the Bering Sea 
subarea. One typographical error specifies that comments are due on the 
date of publication and another typographical error specifies that 
comments are due on January 13, 2008. The correct date is January 13, 
2009. The date that data became available is also corrected.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 29, 
2008, through 2400 hrs, A.l.t., December 31, 2009, 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 13, 2009.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by ``RIN 
0648-XM47,'' by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at https://
www.regulations.gov.
     Mail: P. O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9\th\ 
Street, Room 420A, Juneau, AK.
    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 (e.g., name, address) 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 (enter ``N/A'' in the required 
fields, if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe portable document file (pdf) formats only.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Correction

    The final rule, identified as FR Doc. E8-31224 that published in 
the Federal Register on January 2, 2009 (74 FR 38) is corrected by 
fixing three typographical errors as follows.
    1. On page 38, in the second column, the second paragraph under the 
DATES caption is corrected to read:
    ``Comments must be received at the following address no later than 
4:30 p.m., A.l.t., January 13, 2009.''
    2. On page 39, column 2, in the last line the date ``December 19, 
2007'' is corrected to read ``December 19, 2008''.
    3. On page 40, in the first column, line 2, the date ``January 13, 
2008'' is corrected to read ``January 13, 2009''.

Classification

    This action corrects three typographical errors and does not 
otherwise change the requirements in the January 2, 2009 (74 FR 38) 
temporary rule.
    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

[[Page 867]]

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 19, 2008, and additional time for prior public 
comment would result in conservation concerns for the ESA-listed 
Steller sea 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 in the January 2, 2009 (74 FR 38) rule 
and is not repeated here.
    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 6, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-222 Filed 1-8-09; 8:45 am]
BILLING CODE 3510-22-S

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