Civilian Board of Contract Appeals; BCA Case 2009-61-1; Rules of Procedure of the Civilian Board of Contract Appeals, 66584-66585 [E9-29838]
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Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations
‘‘Ability to direct in any manner the
election of a majority of the business
concern’s directors or trustees; or’’.
DEPARTMENT OF HOMELAND
SECURITY
48 CFR Parts 3009 and 3052
Mary Kate Whalen,
Associate General Counsel for Regulatory
Affairs.
[FR Doc. E9–29881 Filed 12–15–09; 8:45 am]
[Docket No. DHS–2010–0017]
RIN 1601–AA55
Prohibition on Federal Protective
Service Guard Services Contracts With
Business Concerns Owned,
Controlled, or Operated by an
Individual Convicted of a Felony
[HSAR Case 2009–001]; Correction
AGENCY: Office of the Chief Procurement
Officer, DHS.
ACTION: Final rule; correction.
This document makes
corrections to the Homeland Security
Acquisition Regulation in order to make
technical citation changes and to
remove redundant language.
DATES: Effective date: December 16,
2009.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Gloria Sochon, Senior Procurement
Analyst, at (202) 447–5307 for
clarification of content.
SUPPLEMENTARY INFORMATION: This
document makes corrections to the
Homeland Security Acquisition
Regulation (HSAR), final rule
Prohibition on Federal Protective
Service Guard Services Contracts with
Business Concerns Owned, Controlled,
or Operated By an Individual Convicted
of a Felony [HSAR Case 2009–001], 74
FR 58851 (Nov. 16, 2009). The technical
corrections are required to conform the
HSAR to citation in the Federal
Acquisition Regulations and remove
redundant language.
■ In FR Doc. E9–27330, published
November 16, 2009 (74 FR 58851), make
the following corrections:
Subpart 3009
[Corrected]
1. On page 58856, column 1,
instruction 2a, is revised to read
‘‘Redesignating section 3009.104–70 as
section 3009.108–70, and subsections
3009.104–71 through 3009.104–75 as
subsections 3009.108–7001 through
3009.108–7005, respectively, and
section 3009.170 is added and reserved.
■
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3052.209–76
[Corrected]
2. On page 58858, column 2, in
subsection 3052.209–76, in the header
of the contract clause, remove ‘‘(AUG
2009)’’ and add in its place ‘‘(DEC
2009)’’.
■ 3. On page 58858, at the bottom of
column 2, in section 3052.209–
76(c)(2)(v)(A) remove:
■
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16:12 Dec 15, 2009
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BILLING CODE 9110–9B–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Part 6101
[GSA BCA Amendment 2009–01; BCA Case
2009–61–1; Docket Number 2009–0016,
Sequence 1]
RIN 3090–AI99
Civilian Board of Contract Appeals;
BCA Case 2009–61–1; Rules of
Procedure of the Civilian Board of
Contract Appeals
Civilian Board of Contract
Appeals, General Services
Administration (GSA)
ACTION: Final rule.
AGENCIES:
SUMMARY: This document provides two
revisions to the rules governing
proceedings before the Civilian Board of
Contract Appeals (Board), published in
the Federal Register on May 12, 2008.
First, the Board is correcting the
heading for Chapter 61. Upon
publication of the rules in the Code of
Federal Regulations, the heading for
Chapter 61 was erroneously changed.
This document corrects that error. In
addition, a sentence that became
surplusage upon issuance of the rules is
being removed.
DATES: Effective Date: December 16,
2009.
FOR FURTHER INFORMATION CONTACT:
Margaret S. Pfunder, Chief Counsel,
Civilian Board of Contract Appeals,
telephone (202) 606–8800, e-mail
address Margaret.Pfunder@gsa.gov for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite BCA Case 2009–61–1.
SUPPLEMENTARY INFORMATION:
A. Background
The Civilian Board of Contract
Appeals was established within the
General Services Administration (GSA)
by section 847 of the National Defense
Authorization Act for Fiscal Year 2006,
Pub. L. 109–163. Effective January 6,
2007, the boards of contract appeals that
existed at the General Services
Administration and the Departments of
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Agriculture, Energy, Housing and Urban
Development, Interior, Labor,
Transportation, and Veterans Affairs
were terminated, and their cases were
transferred to the new Civilian Board of
Contract Appeals. The title of Chapter
61 was erroneously changed upon
publication of these rules in the Code of
Federal Regulations to read ‘‘General
Services Administration Board of
Contract Appeals’’. This document
corrects that error. In addition, section
6101.1 is amended by removing the
second sentence from paragraph (a).
That sentence states, ‘‘These rules will
remain in effect until the Board issues
final rules of procedure or June 30,
2008, whichever occurs earlier.’’ Upon
issuance of the final rules, that sentence
became surplusage, and it is therefore
now removed.
B. Regulatory Flexibility Act
The General Services Administration
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.,
because the rule does not impose any
additional costs on large or small
businesses.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes do not
impose recordkeeping or information
collection requirements, or otherwise
collect information from offerors,
contractors, or members of the public
that require approval of the Office of
Management and Budget under 44
U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 6101
Administrative practice and
procedure, Agriculture, Freight
forwarders, Government procurement,
Travel and relocation expenses.
Dated: October 21, 2009.
Stephen M. Daniels,
Chairman, Civilian Board of Contract
Appeals, General Services Administration.
Therefore, GSA amends 48 CFR
Chapter 61 as set forth below:
■
CHAPTER 61—CIVILIAN BOARD OF
CONTRACT APPEALS, GENERAL
SERVICES ADMINISTRATION
1. The authority citation for 48 CFR
Part 6101 continues to read as follows:
■
Authority: 41 U.S.C. 601–613.
2. Amend Chapter 61 by revising the
Chapter heading as set forth above.
■
E:\FR\FM\16DER1.SGM
16DER1
Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations
PART 6101—CONTRACT DISPUTE
CASES
6101.1
[Amended]
3. Amend section 6101.1 by removing
the second sentence from paragraph (a).
■
[FR Doc. E9–29838 Filed 12–15–09; 8:45 am]
BILLING CODE 6820–AL–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 300 and 635
[080724902–91404–02]
RIN 0648–AX07
Atlantic Highly Migratory Species;
North and South Atlantic Swordfish
Quotas
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
This final rule adjusts the
North and South Atlantic swordfish
quotas for the 2009 fishing year (January
1, 2009, through December 31, 2009) to
account for underharvests, and transfers
18.8 metric tons (mt) dressed weight
(dw) to Canada per the 2006 and 2008
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
recommendations 06–03 and 08–02. In
addition, this final rule includes minor
regulatory modifications and
clarifications, eliminates an existing
sunset provision in the MadisonSwanson and Steamboat Lumps time/
area closure, and establishes a small
time/area closure in the Gulf of Mexico
called the ‘‘Edges 40 Fathom Contour.’’
These changes could impact fishermen
with a commercial swordfish, HMS
Angling, or Charter/Headboat (CHB)
permit who fish for Atlantic swordfish.
DATES: This rule is effective on January
15, 2010.
ADDRESSES: For copies of the supporting
documents, including the proposed rule
(74 FR 39032, August 5, 2009); the EA
for the Gulf of Mexico time/area
closures included in this rule; the
Environmental Assessment (EA) for the
2007 Swordfish Specifications,
Regulatory Impact Review (RIR), and
Final Regulatory Flexibility Analysis
(FRFA); and the 2006 Consolidated
Atlantic Highly Migratory Species
(HMS) Fishery Management Plan (FMP),
please write to Highly Migratory Species
Management Division, 1315 East-West
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SUMMARY:
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16:12 Dec 15, 2009
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66585
Highway, Silver Spring, MD 20910, visit
the HMS website at https://www.nmfs.
noaa.gov/sfa/hms/, or contact Steve
Durkee.
FOR FURTHER INFORMATION CONTACT:
Steve Durkee or Karyl Brewster-Geisz by
phone: 301–713–2347 or by fax: 301–
713–1917 or Rick Pearson by phone:
727–824–5399.
SUPPLEMENTARY INFORMATION: The U.S.
Atlantic swordfish fishery is managed
under the 2006 Consolidated HMS FMP.
Implementing regulations at 50 CFR part
635 are issued under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C. 1801
et seq., and the Atlantic Tunas
Convention Act (ATCA), 16 U.S.C. 971
et seq. Regulations issued under the
authority of ATCA carry out the
recommendations of ICCAT.
Information on the specific measures
laid out in the proposed rule can be
found in 74 FR 39032 (August 5, 2009)
and are not repeated here. A brief
summary of the actions in this final rule
can be found below.
2. Administrative Regulatory
Modifications and Clarifications
1. Swordfish Quotas
This final rule adjusts the North and
South Atlantic swordfish quotas for the
2009 fishing year (January 1, 2009,
through December 31, 2009) to account
for underharvests in 2008, and to
transfer 18.8 metric tons (mt) dressed
weight (dw) to Canada per the 2006 and
2008 International Commission for the
Conservation of Atlantic Tunas (ICCAT)
recommendations 06–03 and 08–02. The
2009 North Atlantic swordfish baseline
quota is 2,937.6 mt dw. The total North
Atlantic swordfish underharvest for
2008 was 2,692 mt dw, which exceeds
the maximum carryover cap of 1,468.8
mt dw, established in ICCAT
recommendation 06–02, and renewed in
08–02. Therefore, NMFS is carrying over
the capped amount per the ICCAT
recommendation. Thus, the baseline
quota plus the underharvest carryover
maximum of 1,468.8 mt dw equals an
adjusted quota of 4,406.4 mt dw for the
2009 fishing year (Table 1).
The 2009 South Atlantic swordfish
baseline quota is 75.2 mt dw. The total
South Atlantic swordfish underharvest
for 2008 was 150.4 mt dw, which
exceeds the maximum carryover cap of
75.2 mt dw, established in ICCAT
recommendation 06–03. Therefore,
NMFS is carrying over the capped
amount per the ICCAT
recommendation. As a result, the
baseline quota plus the underharvest
carryover maximum of 75.2 mt dw
equals an adjusted quota of 150.4 mt dw
for the 2009 fishing year (Table 1).
Under current regulations (50 CFR
635.21 (a)(4)(ii) (iv)), the MadisonSwanson and Steamboat Lumps time/
area closures within the Gulf of Mexico
are set to expire on June 16, 2010. This
rule eliminates this sunset provision
and prevents expiration of the time/area
closures on June 16, 2010, consistent
with the Gulf of Mexico Fishery
Management Council (GOMFMC)
regulations. Additionally, this final rule
establishes a time/area closure in the
northwestern Gulf of Mexico called the
‘‘Edges 40 Fathom Contour,’’ at the
request of GOMFMC. The boundaries of
this closure are defined by the
coordinates: NW = 28° 51’N, 85° 16’W;
NE = 28° 51 ’N, 85° 04’W; SW = 28°
14’N, 84° 54’W; SE = 28° 14’N, 84 42’W.
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In addition to adjusting the North and
South Atlantic swordfish quotas, NMFS
is also performing the following five
administrative modifications and
clarifications to the regulations: (1)
clarifying minimum size requirements
for whole and dressed swordfish; (2)
issuing ‘‘participant certificates’’ at
shark identification workshops to
attendees who do not have a dealer
license; (3) requiring that any dead
bycatch in the pelagic longline fishery
be brought on board, at the observer’s
request, for biological sampling; (4)
requiring that any changes in
information contained in an application
for an Atlantic Tuna Longline Limited
Access Permit be submitted in writing;
and (5) clarifying the information that is
to be included on consignment
documents for the importation of
Atlantic, Pacific and Southern bluefin
tuna, frozen bigeye tuna, and swordfish.
3. Adjustment and Implementation of
Time/Area Closures in the Gulf of
Mexico
Response to Comments
NMFS received two comments on the
proposed rule which are summarized
below, together with NMFS’ responses.
Comment: NMFS received two
comments in opposition to the annual
18.8 mt dw quota transfer to Canada
from the reserve category. The first
comment, made by Captain Chris
Walter, expressed general opposition to
the quota transfer. The second stated
comment, made by David Allison of
Oceana, expressed concern over higher
bycatch rates in the Canadian swordfish
fishery than in the U.S. fishery. This
commenter wrote that negative impacts
on sea turtles in the Canadian swordfish
fishery were not specifically examined
in the 2007 Environmental Assessment
E:\FR\FM\16DER1.SGM
16DER1
Agencies
[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Rules and Regulations]
[Pages 66584-66585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29838]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Part 6101
[GSA BCA Amendment 2009-01; BCA Case 2009-61-1; Docket Number 2009-
0016, Sequence 1]
RIN 3090-AI99
Civilian Board of Contract Appeals; BCA Case 2009-61-1; Rules of
Procedure of the Civilian Board of Contract Appeals
AGENCIES: Civilian Board of Contract Appeals, General Services
Administration (GSA)
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document provides two revisions to the rules governing
proceedings before the Civilian Board of Contract Appeals (Board),
published in the Federal Register on May 12, 2008. First, the Board is
correcting the heading for Chapter 61. Upon publication of the rules in
the Code of Federal Regulations, the heading for Chapter 61 was
erroneously changed. This document corrects that error. In addition, a
sentence that became surplusage upon issuance of the rules is being
removed.
DATES: Effective Date: December 16, 2009.
FOR FURTHER INFORMATION CONTACT: Margaret S. Pfunder, Chief Counsel,
Civilian Board of Contract Appeals, telephone (202) 606-8800, e-mail
address Margaret.Pfunder@gsa.gov for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite BCA Case 2009-61-
1.
SUPPLEMENTARY INFORMATION:
A. Background
The Civilian Board of Contract Appeals was established within the
General Services Administration (GSA) by section 847 of the National
Defense Authorization Act for Fiscal Year 2006, Pub. L. 109-163.
Effective January 6, 2007, the boards of contract appeals that existed
at the General Services Administration and the Departments of
Agriculture, Energy, Housing and Urban Development, Interior, Labor,
Transportation, and Veterans Affairs were terminated, and their cases
were transferred to the new Civilian Board of Contract Appeals. The
title of Chapter 61 was erroneously changed upon publication of these
rules in the Code of Federal Regulations to read ``General Services
Administration Board of Contract Appeals''. This document corrects that
error. In addition, section 6101.1 is amended by removing the second
sentence from paragraph (a). That sentence states, ``These rules will
remain in effect until the Board issues final rules of procedure or
June 30, 2008, whichever occurs earlier.'' Upon issuance of the final
rules, that sentence became surplusage, and it is therefore now
removed.
B. Regulatory Flexibility Act
The General Services Administration 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., because the rule does not impose any additional
costs on large or small businesses.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes do
not impose recordkeeping or information collection requirements, or
otherwise collect information from offerors, contractors, or members of
the public that require approval of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 6101
Administrative practice and procedure, Agriculture, Freight
forwarders, Government procurement, Travel and relocation expenses.
Dated: October 21, 2009.
Stephen M. Daniels,
Chairman, Civilian Board of Contract Appeals, General Services
Administration.
0
Therefore, GSA amends 48 CFR Chapter 61 as set forth below:
CHAPTER 61--CIVILIAN BOARD OF CONTRACT APPEALS, GENERAL SERVICES
ADMINISTRATION
0
1. The authority citation for 48 CFR Part 6101 continues to read as
follows:
Authority: 41 U.S.C. 601-613.
0
2. Amend Chapter 61 by revising the Chapter heading as set forth above.
[[Page 66585]]
PART 6101--CONTRACT DISPUTE CASES
6101.1 [Amended]
0
3. Amend section 6101.1 by removing the second sentence from paragraph
(a).
[FR Doc. E9-29838 Filed 12-15-09; 8:45 am]
BILLING CODE 6820-AL-P