Defense Federal Acquisition Regulation Supplement; Steel for Military Construction Projects (DFARS Case 2008-D038), 59916-59917 [E9-27845]
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59916
Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Rules and Regulations
specified herein. The analysis is
summarized as follows:
The objective of the rule is to provide
for competition in the acquisition of
items for which FPI has a significant
market share. The legal basis for the rule
is 10 U.S.C. 2410n, as amended by
section 827 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181). The rule is expected
to benefit small business concerns that
offer items for which FPI has a
significant market share, by permitting
those concerns to compete for
additional DoD contract awards. The
rule also could adversely impact small
business concerns that provide supplies
and services to FPI relative to the
affected items. There are no practical
alternatives that would accomplish the
objectives of section 827 of Public Law
110–181.
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.
List of Subjects in 48 CFR Part 208
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
amending 48 CFR part 208, which was
published at 73 FR 46816 on August 12,
2008, is adopted as a final rule without
change.
■
[FR Doc. E9–27848 Filed 11–18–09; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
Acquisition Regulation Supplement
(DFARS) to implement section 824 of
the National Defense Authorization Act
for Fiscal Year 2009. Section 824
amended the DoD pilot program for
transition to follow-on contracting after
use of other transaction authority, to
establish a new program expiration date
and to include items developed under
research projects within the scope of the
program.
DATES: Effective Date: November 19,
2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Cassandra Freeman, Defense
Acquisition Regulations System, OUSD
(AT&L) DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–8383;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D030.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 74
FR 2415 on January 15, 2009, to
implement section 824 of the National
Defense Authorization Act for Fiscal
Year 2009 (Pub. L. 110–417). The rule
amended the DoD pilot program for
transition to follow-on contracting after
use of other transaction authority, to
establish a new program expiration date
and to add items developed under
research projects to the types of items to
which the program applies. The pilot
program provides that certain items that
do not otherwise meet the definition of
‘‘commercial item’’ may be treated as
commercial items in the award of
contracts and subcontracts that follow
an other transaction agreement.
DoD received no comments on the
interim rule. Therefore, DoD has
adopted the interim rule as a final rule
without change.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
48 CFR Part 212
B. Regulatory Flexibility Act
RIN 0750–AG17
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.
Although the rule is expected to ease
the transition of nontraditional defense
contractors from the use of other
transaction agreements to standard
contracts, the economic impact is not
expected to be substantial.
erowe on DSK5CLS3C1PROD with RULES
Defense Federal Acquisition
Regulation Supplement; Pilot Program
for Transition to Follow-On
Contracting After Use of Other
Transaction Authority (DFARS Case
2008–D030)
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
DoD has adopted as final,
without change, an interim rule
amending the Defense Federal
SUMMARY:
VerDate Nov<24>2008
15:20 Nov 18, 2009
Jkt 220001
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 212
Government procurement.
Amy G. Williams,
Editor, Defense Acquisitions Regulations
System.
Accordingly, the interim rule
amending 48 CFR part 212, which was
published at 74 FR 2415 on January 15,
2009, is adopted as a final rule without
change.
■
[FR Doc. E9–27843 Filed 11–18–09; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225, 236, and 252
RIN 0750–AG16
Defense Federal Acquisition
Regulation Supplement; Steel for
Military Construction Projects (DFARS
Case 2008–D038)
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD has adopted as final,
without change, an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement section 108 of
the Military Construction and Veterans
Affairs Appropriations Act, 2009.
Section 108 requires that American steel
producers, fabricators, and
manufacturers be given the opportunity
to compete for contracts and
subcontracts for the acquisition of steel
for use in military construction projects
or activities.
DATES: Effective Date: November 19,
2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0328;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D038.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 74
FR 2417 on January 15, 2009, to
implement section 108 of the Military
Construction and Veterans Affairs
E:\FR\FM\19NOR1.SGM
19NOR1
Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Rules and Regulations
Appropriations Act, 2009 (Pub. L. 110–
329, Division E). Section 108 prohibits
the use of funds appropriated in Title I
of that Act for the procurement of steel
for any military construction project or
activity for which American steel
producers, fabricators, or manufacturers
have been denied the opportunity to
compete.
DoD received no comments on the
interim rule. Therefore, DoD has
adopted the interim rule as a final rule
without change.
This rule was subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared a final regulatory
flexibility analysis consistent with 5
U.S.C. 604. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
This rule implements section 108 of
the Military Construction and Veterans
Affairs Appropriations Act, 2009. The
objective of the rule is to ensure that
American steel producers, fabricators,
and manufacturers are given the
opportunity to compete for contracts
and subcontracts for the acquisition of
steel for use in military construction
projects and activities. Existing Buy
American Act and Balance of Payments
Program requirements, implemented in
FAR Subpart 25.2 and DFARS Subpart
225.75 respectively, already provide for
DoD acquisition of domestic
construction materials, including steel.
However, this DFARS rule will prohibit
use of the exceptions to Buy American
Act/Balance of Program requirements
otherwise permitted by FAR/DFARS,
with regard to the acquisition of steel,
unless American steel producers,
fabricators, and manufacturers are first
provided the opportunity to compete.
The rule is expected to benefit
American steel producers, fabricators,
and manufacturers by ensuring they are
provided an opportunity to compete for
contracts and subcontracts for the
acquisition of steel for use in military
construction projects and activities. DoD
received no comments on the initial
regulatory flexibility analysis or on any
other aspect of the interim rule.
erowe on DSK5CLS3C1PROD with RULES
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.
VerDate Nov<24>2008
15:20 Nov 18, 2009
Jkt 220001
List of Subjects in 48 CFR Parts 225,
236, and 252
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
amending 48 CFR parts 225, 236, and
252, which was published at 74 FR 2417
on January 15, 2009, is adopted as a
final rule without change.
■
[FR Doc. E9–27845 Filed 11–18–09; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 080521698–9067–02]
RIN 0648–XS87
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Gear Restriction for the U.S./
Canada Management Area
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; gear
restriction.
SUMMARY: This action modifies the gear
requirements for the U.S./Canada
Management Area to prohibit all limited
access Northeast (NE) multispecies
vessels fishing on a NE multispecies
day-at-sea (DAS) with trawl gear in the
Western U.S./Canada Area south of
41°40′ N. lat. from using trawl nets,
except if using a properly configured
haddock separator trawl or Ruhle trawl.
This action is authorized by the
regulations implementing Amendment
13 to the NE Multispecies Fishery
Management Plan (FMP), and is
intended to avoid exceeding the total
allowable catch (TAC) for Georges Bank
(GB) yellowtail flounder while
continuing to allow access to stocks of
Eastern GB cod and Eastern GB haddock
during the 2009 fishing year (FY). This
action is being taken to optimize the
harvest of transboundary stocks of GB
yellowtail flounder, haddock, and cod
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
DATES: Effective November 20, 2009,
through April 30, 2010.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
59917
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
(978) 281–6341, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the gear
requirements for the U.S./Canada
Management Area under the 2009
interim final rule (74 FR 17030, April
13, 2009) are found at § 648.85(a)(3)(ix).
The GB yellowtail flounder TAC for FY
2009 (May 1, 2009 - April 30, 2010) was
specified at 1,617 mt by the 2009
interim final rule. Once the available
TAC for GB yellowtail flounder is
projected to be caught, the
Administrator, Northeast Region, NMFS
(Regional Administrator) is required to
close the Eastern U.S./Canada Area to
all NE multispecies DAS vessels and
prohibit retention of yellowtail flounder
in the Western U.S./Canada Area for the
remainder of the fishing year, pursuant
to § 648.85(a)(3)(iv)(E).
The regulations at § 648.85(a)(3)(iv)(D)
authorize the Regional Administrator to
modify certain regulations governing the
harvesting of fish from the U.S./Canada
Management Area, including gear
requirements, to prevent over-harvesting
or under-harvesting the TAC allocations
specified for Eastern GB cod, Eastern GB
haddock, or GB yellowtail flounder in
the U.S./Canada Management Area.
Based upon Vessel Monitoring System
(VMS) reports and other available
information, the catch of GB yellowtail
flounder was at 78 percent of the FY
2009 TAC as of November 4, 2009, and
was projected to be fully harvested in
early January 2010, resulting in the
premature closure of the Eastern U.S./
Canada Area and the potential underharvest of the available TACs for Eastern
GB cod and haddock during FY 2009.
Recent at-sea observer reports indicate
that very high discard rates of GB
yellowtail flounder have occurred on
some vessels directing on other flatfish.
These reports indicate that the high
catch rates of yellowtail flounder are
being caught primarily south of 41 40′
N. lat. Requiring trawl vessels that fish
any part of a trip in the Western U.S./
Canada Area south of 41 40’ N. lat. to
use either a haddock separator trawl or
a Ruhle trawl would reduce the catch
rate of yellowtail flounder, reduce
discards, and result in the achievement
of the TAC, without exceeding it. Based
on this information, the Regional
Administrator is prohibiting the use of
trawl gear, except for the haddock
separator trawl and the Ruhle trawl, as
specified at § 648.85(a)(3)(ix) and
(b)(10)(iv)(J)(3), respectively, by any
limited access NE multispecies vessel
which harvests, possesses or lands fish
from, or deploys its net during any part
E:\FR\FM\19NOR1.SGM
19NOR1
]]>Agencies
[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Rules and Regulations]
[Pages 59916-59917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27845]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225, 236, and 252
RIN 0750-AG16
Defense Federal Acquisition Regulation Supplement; Steel for
Military Construction Projects (DFARS Case 2008-D038)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has adopted as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement section 108 of the Military Construction and Veterans
Affairs Appropriations Act, 2009. Section 108 requires that American
steel producers, fabricators, and manufacturers be given the
opportunity to compete for contracts and subcontracts for the
acquisition of steel for use in military construction projects or
activities.
DATES: Effective Date: November 19, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile
703-602-7887. Please cite DFARS Case 2008-D038.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 74 FR 2417 on January 15, 2009, to
implement section 108 of the Military Construction and Veterans Affairs
[[Page 59917]]
Appropriations Act, 2009 (Pub. L. 110-329, Division E). Section 108
prohibits the use of funds appropriated in Title I of that Act for the
procurement of steel for any military construction project or activity
for which American steel producers, fabricators, or manufacturers have
been denied the opportunity to compete.
DoD received no comments on the interim rule. Therefore, DoD has
adopted the interim rule as a final rule without change.
This rule was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared a final regulatory flexibility analysis consistent
with 5 U.S.C. 604. A copy of the analysis may be obtained from the
point of contact specified herein. The analysis is summarized as
follows:
This rule implements section 108 of the Military Construction and
Veterans Affairs Appropriations Act, 2009. The objective of the rule is
to ensure that American steel producers, fabricators, and manufacturers
are given the opportunity to compete for contracts and subcontracts for
the acquisition of steel for use in military construction projects and
activities. Existing Buy American Act and Balance of Payments Program
requirements, implemented in FAR Subpart 25.2 and DFARS Subpart 225.75
respectively, already provide for DoD acquisition of domestic
construction materials, including steel. However, this DFARS rule will
prohibit use of the exceptions to Buy American Act/Balance of Program
requirements otherwise permitted by FAR/DFARS, with regard to the
acquisition of steel, unless American steel producers, fabricators, and
manufacturers are first provided the opportunity to compete. The rule
is expected to benefit American steel producers, fabricators, and
manufacturers by ensuring they are provided an opportunity to compete
for contracts and subcontracts for the acquisition of steel for use in
military construction projects and activities. DoD received no comments
on the initial regulatory flexibility analysis or on any other aspect
of the interim rule.
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.
List of Subjects in 48 CFR Parts 225, 236, and 252
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations System.
0
Accordingly, the interim rule amending 48 CFR parts 225, 236, and 252,
which was published at 74 FR 2417 on January 15, 2009, is adopted as a
final rule without change.
[FR Doc. E9-27845 Filed 11-18-09; 8:45 am]
BILLING CODE 5001-08-P
