Defense Federal Acquisition Regulation Supplement; Steel for Military Construction Projects (DFARS Case 2008-D038), 59916-59917 [E9-27845]

Download as PDF 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