Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Limited Access General Category Scallop Fishery to Individual Fishing Quota Scallop Vessels, 35826-35827 [E9-17282]
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Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations
of commercial items. This correction
clarifies the types of services to which
the rule applies.
DATES:
Effective date: July 21, 2009.
Ms.
Angie Sawyer, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–8384;
facsimile 703–602–7887.
FOR FURTHER INFORMATION CONTACT:
The
interim rule published at 74 FR 34263
on July 15, 2009, amended the DFARS
to implement Sections 805 and 815 of
the National Defense Authorization Act
for Fiscal Year 2008 (Pub. L. 110–181).
The rule specified the conditions under
which a time-and-materials or laborhour contract may be used for the
acquisition of commercial items. This
correction clarifies the types of services
to which the rule applies, consistent
with subsections (c)(1)(A) and
(c)(1)(C)(i) of Section 805 of Public Law
110–181.
SUPPLEMENTARY INFORMATION:
List of Subjects in 48 CFR Part 212
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
published at 74 FR 34263 on July 15,
2009, is corrected as follows:
■
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
1. The authority citation for 48 CFR
Part 212 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 212.207 is amended by
revising paragraphs (b)(i) and (b)(iii)(A)
to read as follows:
■
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212.207
Contract type.
(b) * * *
(i) Services acquired for support of a
commercial item, as described in
paragraph (5) of the definition of
commercial item at FAR 2.101 (41
U.S.C. 403(12)(E)).
*
*
*
*
*
(iii) * * *
(A) The services to be acquired are
commercial services as defined in
paragraph (6) of the definition of
commercial item at FAR 2.101 (41
U.S.C. 403(12)(F));
*
*
*
*
*
[FR Doc. E9–17321 Filed 7–20–09; 8:45 am]
BILLING CODE 5001–08–P
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15:23 Jul 20, 2009
Jkt 217001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.070817467–8554–02]
RIN 0648–XQ36
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Atlantic
Sea Scallop Fishery; Closure of the
Limited Access General Category
Scallop Fishery to Individual Fishing
Quota Scallop Vessels
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS announces that the
Limited Access General Category
(LAGC) Scallop Fishery will close to
individual fishing quota (IFQ) scallop
vessels (including vessels issued an IFQ
letter of authorization (LOA) to fish
under appeal), until it re-opens on
September 1, 2009, under current
regulations. This action is based on the
determination that the second quarter
scallop total allowable catch (TAC) for
LAGC IFQ scallop vessels is projected to
be landed. This action is being taken to
prevent IFQ scallop vessels from
exceeding the 2009 second quarter TAC,
in accordance with the regulations
implementing Amendment 11 to the
Atlantic Sea Scallop Fishery
Management Plan (FMP), enacted by
Framework 19 to the FMP, and the
Magnuson-Stevens Fishery
Conservation and Management Act.
DATES: The closure of the LAGC fishery
to all IFQ scallop vessels is effective
0001 hr local time, July 19, 2009,
through August 31, 2009.
FOR FURTHER INFORMATION CONTACT: Don
Frei, Fishery Management Specialist,
(978) 281–9221, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing fishing activity in
the LAGC fishery are found at §§ 648.59
and 648.60. Regulations specifically
governing IFQ scallop vessel operations
in the LAGC fishery are specified at
§ 648.53(a)(8)(iii). These regulations
authorize vessels issued a valid IFQ
scallop permit to fish in the LAGC
fishery under specific conditions,
including a TAC. The TACs were
established by the final rule that
implemented Framework 19 to the FMP
(73 FR 30790 May 29, 2008) and
included a TAC of 1,836,010 lb (832.347
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Fmt 4700
Sfmt 4700
kg) that may be landed by IFQ vessels
during the second quarter of the 2009
fishing year. The regulations at
§ 648.53(a)(8)(iii) require the LAGC
fishery to be closed to IFQ vessels once
the NMFS Northeast Regional
Administrator has determined that the
TAC is projected to be landed.
Based on the number of IFQ vessel
trips, dealer reporting and vessel prelanding reports through Vessel
Monitoring Systems (VMS), and other
information, a projection concluded
that, given current activity levels by IFQ
scallop vessels in the area, 1,836,010 lb
(832.347 kg) will have been landed on
July 19, 2009. Therefore, effective 0001
hours on July 19, 2009, no IFQ scallop
vessel fishing under LAGC regulations
may declare its intent to enter the
fishery and may not fish for, possess, or
retain any scallops. IFQ scallop vessels
will not be allowed to fish for, possess,
or retain scallops, or declare, or initiate,
a scallop trip following this closure for
the remainder of the 2009 second
quarter, ending on August 31, 2009.
Therefore, in accordance with the
regulations at § 648.53(a)(8)(iii), the
LAGC scallop fishery is closed to all IFQ
vessels as of 0001 hr local time, July 19,
2009. The LAGC scallop fishery will reopen to IFQ scallop vessels on
September 1, 2009.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
This action closes the LAGC scallop
fishery to all IFQ scallop vessels until
September 1, 2009. The regulations at
§ 648.53(a)(8)(iii) require such action to
ensure that IFQ scallop vessels do not
exceed the 2009 second quarter TAC.
The LAGC scallop fishery opened for
the second quarter of the 2009 fishing
year at 0001 hours on June 1, 2009. Data
indicating the IFQ scallop fleet has
landed all of the 2009 second quarter
TAC have only recently become
available. The Assistant Administrator
for Fisheries, NOAA (AA), finds good
cause pursuant to 5 U.S.C. 553(b)(B) to
waive prior notice and the opportunity
for public comment because it would be
contrary to the public interest to allow
a period public comment. If
implementation of this closure is
delayed to solicit prior public comment,
the quota for this quarter will be
exceeded, thereby undermining the
conservation objectives of the FMP.
Also, if the magnitude of any overage is
significant, it would warrant a decrease
in the fourth quarter quota. This would
have a negative economic impact on
vessels that fish seasonally in that
period. The AA further finds, pursuant
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Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations
to 5 U.S.C 553(d)(3), good cause to
waive the 30 day delay in effectiveness
for the reasons stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 16, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–17282 Filed 7–16–09; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 09100091344–9056–02]
RIN 0648–XQ26
Fisheries of the Exclusive Economic
Zone Off Alaska; Northern Rockfish in
the Gulf of Alaska
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
a closure.
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SUMMARY: NMFS is opening directed
fishing for northern rockfish in the
Western Regulatory Area of the Gulf of
Alaska (GOA) for 96 hours. This action
is necessary to fully use the 2009 total
allowable catch (TAC) of northern
rockfish in the Western Regulatory Area
of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 17, 2009, through 1200
hrs, A.l.t., July 21, 2009. Comments
must be received at the following
address no later than 4:30 p.m., A.l.t.,
July 31, 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], by any
one of the following methods:
VerDate Nov<24>2008
15:23 Jul 20, 2009
Jkt 217001
• 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 (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. 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) file formats
only.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management 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.
NMFS closed the directed fishery for
northern rockfish in the Western
Regulatory Area of the GOA on July 9,
2009 (74 FR 33923, July 14, 2009).
NMFS has determined that
approximately 392 mt of the 2009 TAC
of northern rockfish in the Western
Regulatory Area of the GOA remain in
the directed fishing allowance.
Therefore, in accordance with
§ 679.25(a)(1)(i), (a)(2)(i)(C), and
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Fmt 4700
Sfmt 4700
35827
(a)(2)(iii)(D), and to fully utilize the
2009 TAC of northern rockfish in the
Western Regulatory Area of the GOA,
NMFS is terminating the previous
closure and is reopening directed
fishing for northern rockfish in the
Western Regulatory Area of the GOA for
96 hours, effective 1200 hrs, A.l.t., July
17, 2009, through 1200 hrs, A.l.t., July
21, 2009.
Classification
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
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
delay the reopening and closure of
northern rockfish in the Western
Regulatory Area of the GOA. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of July 15, 2009.
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.
This action is required by § 679.25
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 16, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–17279 Filed 7–16–09; 4:15 pm]
BILLING CODE 3510–22–S
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21JYR1
]]>Agencies
[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Rules and Regulations]
[Pages 35826-35827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17282]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.070817467-8554-02]
RIN 0648-XQ36
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery; Closure of the Limited Access General Category Scallop
Fishery to Individual Fishing Quota Scallop Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Limited Access General Category (LAGC)
Scallop Fishery will close to individual fishing quota (IFQ) scallop
vessels (including vessels issued an IFQ letter of authorization (LOA)
to fish under appeal), until it re-opens on September 1, 2009, under
current regulations. This action is based on the determination that the
second quarter scallop total allowable catch (TAC) for LAGC IFQ scallop
vessels is projected to be landed. This action is being taken to
prevent IFQ scallop vessels from exceeding the 2009 second quarter TAC,
in accordance with the regulations implementing Amendment 11 to the
Atlantic Sea Scallop Fishery Management Plan (FMP), enacted by
Framework 19 to the FMP, and the Magnuson-Stevens Fishery Conservation
and Management Act.
DATES: The closure of the LAGC fishery to all IFQ scallop vessels is
effective 0001 hr local time, July 19, 2009, through August 31, 2009.
FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management
Specialist, (978) 281-9221, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in
the LAGC fishery are found at Sec. Sec. 648.59 and 648.60. Regulations
specifically governing IFQ scallop vessel operations in the LAGC
fishery are specified at Sec. 648.53(a)(8)(iii). These regulations
authorize vessels issued a valid IFQ scallop permit to fish in the LAGC
fishery under specific conditions, including a TAC. The TACs were
established by the final rule that implemented Framework 19 to the FMP
(73 FR 30790 May 29, 2008) and included a TAC of 1,836,010 lb (832.347
kg) that may be landed by IFQ vessels during the second quarter of the
2009 fishing year. The regulations at Sec. 648.53(a)(8)(iii) require
the LAGC fishery to be closed to IFQ vessels once the NMFS Northeast
Regional Administrator has determined that the TAC is projected to be
landed.
Based on the number of IFQ vessel trips, dealer reporting and
vessel pre-landing reports through Vessel Monitoring Systems (VMS), and
other information, a projection concluded that, given current activity
levels by IFQ scallop vessels in the area, 1,836,010 lb (832.347 kg)
will have been landed on July 19, 2009. Therefore, effective 0001 hours
on July 19, 2009, no IFQ scallop vessel fishing under LAGC regulations
may declare its intent to enter the fishery and may not fish for,
possess, or retain any scallops. IFQ scallop vessels will not be
allowed to fish for, possess, or retain scallops, or declare, or
initiate, a scallop trip following this closure for the remainder of
the 2009 second quarter, ending on August 31, 2009. Therefore, in
accordance with the regulations at Sec. 648.53(a)(8)(iii), the LAGC
scallop fishery is closed to all IFQ vessels as of 0001 hr local time,
July 19, 2009. The LAGC scallop fishery will re-open to IFQ scallop
vessels on September 1, 2009.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
This action closes the LAGC scallop fishery to all IFQ scallop
vessels until September 1, 2009. The regulations at Sec.
648.53(a)(8)(iii) require such action to ensure that IFQ scallop
vessels do not exceed the 2009 second quarter TAC. The LAGC scallop
fishery opened for the second quarter of the 2009 fishing year at 0001
hours on June 1, 2009. Data indicating the IFQ scallop fleet has landed
all of the 2009 second quarter TAC have only recently become available.
The Assistant Administrator for Fisheries, NOAA (AA), finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment because it would be contrary to the
public interest to allow a period public comment. If implementation of
this closure is delayed to solicit prior public comment, the quota for
this quarter will be exceeded, thereby undermining the conservation
objectives of the FMP. Also, if the magnitude of any overage is
significant, it would warrant a decrease in the fourth quarter quota.
This would have a negative economic impact on vessels that fish
seasonally in that period. The AA further finds, pursuant
[[Page 35827]]
to 5 U.S.C 553(d)(3), good cause to waive the 30 day delay in
effectiveness for the reasons stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 16, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-17282 Filed 7-16-09; 4:15 pm]
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