Federal Acquisition Regulation; Correction, 76899-76900 [2011-31654]

Download as PDF Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations rules within this category, preemption is not an issue under Executive Order 13132. F. Unfunded Mandates Reform Act on the supply, distribution, or use of energy. L. Technical Standards This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. H. Civil Justice Reform M. Environment G. Taking of Private Property This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. I. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. J. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. sroberts on DSK5SPTVN1PROD with RULES K. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 13211 and is not likely to have a significant adverse effect VerDate Mar<15>2010 15:52 Dec 08, 2011 Jkt 226001 We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under section 2.B.2, figure 2– 1, paragraphs (34)(b) and (d), of the Instruction, and under section 6(b) of the ‘‘Appendix to National Environmental Policy Act: Coast Guard Procedures for Categorical Exclusions, Notice of Final Agency Policy’’ (67 FR 48243, July 23, 2002). This rule involves the delegation of authority, the inspection and documentation of vessels, and congressionally-mandated regulations designed to improve or protect the environment. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 46 CFR Part 8 Administrative practice and procedure, Organization and functions (Government agencies), Reporting and recordkeeping requirements, Vessels. For the reasons discussed in the preamble, the Coast Guard amends 46 CFR part 8 as follows: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 PART 8—VESSEL INSPECTION ALTERNATIVES 1. The authority citation for part 8 is revised to read as follows: ■ The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 76899 Authority: 33 U.S.C. 3803 and 3821; 46 U.S.C. 3103, 3306, 3316, 3703; Department of Homeland Security Delegation No. 0170.1 and Aug. 8, 2011 Delegation of Authority, Anti-Fouling Systems. 2. Amend § 8.320 as follows: a. In paragraph (b)(11), remove the word ‘‘and’’; ■ b. In paragraph (b)(12), remove the symbol ‘‘.’’ and add, in its place, the text ‘‘; and’’; and ■ c. Add paragraph (b)(13) to read as follows: ■ ■ § 8.320 Classification society authorization to issue international certificates. * * * * * (b) * * * (13) International Anti-fouling System Certificate. * * * * * Dated: December 5, 2011. J.G. Lantz, Director of Commercial Regulations and Standards, U.S. Coast Guard. [FR Doc. 2011–31595 Filed 12–8–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 52 [FAC 2005–54; Correction; FAR Case 2011– 014; Docket 2011–0014; Sequence 1] RIN 9000–AM11 Federal Acquisition Regulation; Correction Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Correcting amendments. AGENCIES: This document contains corrections to the final rule which was published in the Federal Register of Wednesday, November 2, 2011 (76 FR 68039). The final rule amended the Federal Acquisition Regulation (FAR) to revise the definitions of ‘‘Caribbean Basin country’’ and ‘‘designated country’’ due to the change in status of the islands that comprised the Netherlands Antilles. SUMMARY: E:\FR\FM\09DER1.SGM 09DER1 76900 Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations Effective Date: December 9, 2011. Ms. Cecelia L. Davis, Procurement Analyst, at (202) 219–0202, for clarification of content. Contact the Regulatory Secretariat, at 1275 First Street NE., Washington, DC 20417, or (202) 501– 4755, for information pertaining to status or publication schedules. Please cite FAC 2005–54; Correction. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: Background DoD, GSA, and NASA published a final rule, FAR Case 2011–014, Successor Entities to the Netherlands Antilles, in the Federal Register of Wednesday, November 2, 2011 (76 FR 68039). The rule amended the Federal Acquisition Regulation (FAR) by revising the definitions of ‘‘Caribbean Basin country’’ and ‘‘designated country’’ due to the change in status of the islands that comprised the Netherlands Antilles. Need for Correction As published, the regulations contain technical errors in the promulgated rule. List of Subjects in 48 CFR Part 52 Government procurement. Accordingly, 48 CFR part 52 is corrected by making the following correcting amendments: PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for 48 CFR part 52 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). 2. Amend section 52.212–5 by— a. Revising paragraph (b)(39); and b. Removing from paragraph (b)(40) ‘‘(Aug 09)’’ and adding ‘‘(Nov 2011)’’ in its place. The revised text reads as follows: ■ ■ ■ 52.212–5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. sroberts on DSK5SPTVN1PROD with RULES * * * * * (b) * * * __ (39)(i) 52.225–3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a– 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108– 77, 108–78, 108–286, 108–302, 109–53, 109–169, 109–283, and 110–138). __ (ii) Alternate I (Jan 2004) of 52.225–3. __ (iii) Alternate II (Jan 2004) of 52.225–3. * * * * * VerDate Mar<15>2010 15:52 Dec 08, 2011 Jkt 226001 Dated: December 5, 2011. Laura Auletta, Acting Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2011–31654 Filed 12–8–11; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 110210132–1275–02] RIN 0648–XA842 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason retention limit adjustment. AGENCY: NMFS has determined that the Atlantic tunas General category daily retention limit of Atlantic bluefin tuna (BFT) should be adjusted for the January 2012 subquota period, based on consideration of the regulatory determination criteria regarding inseason adjustments. This action applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels (when fishing commercially for BFT). DATES: Effective January 1, 2012, through March 31, 2012. FOR FURTHER INFORMATION CONTACT: Tom Warren or Sarah McLaughlin, (978) 281–9260. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) among the various domestic fishing categories, per the allocations established in the 2006 Consolidated HMS Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006) and subsequent rulemakings. SUMMARY: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 The 2012 BFT fishing year, which is managed on a calendar year basis and subject to an annual calendar year quota, begins January 1, 2012. Starting on January 1, 2012, the General category daily retention limit (§ 635.23(a)(2)) reverts back to the default retention limit of one large medium or giant BFT (measuring 73 inches (185 cm) CFL) or greater per vessel per day/trip under the regulations unless otherwise provided. This default retention limit applies to General category permitted vessels and HMS Charter/Headboat category permitted vessels (when fishing commercially for BFT). Each of the General category time periods (January, June-August, September, October-November, and December) is allocated a portion of the annual General category quota, thereby ensuring extended fishing opportunities throughout the fishing season, particularly in years when catch rates are high. For the 2011 fishing year to date, NMFS adjusted the General category limit from the default level of one large medium or giant BFT as follows: Two large medium or giant BFT for January (75 FR 79309, December 20, 2010); three large medium or giant BFT for June through August (76 FR 32086, June 3, 2011); three large medium or giant BFT for September through November 5, 2011 (76 FR 52886, August 24, 2011); and two large medium or giant BFT for November 6 through December 31, 2011 (76 FR 69137, November 8, 2011). The November 6, 2011, adjustment to a limit of two large medium or giant BFT was in conjunction with an inseason quota transfer of 50 mt from the Reserve category to the General category. The 2010 ICCAT recommendation regarding western BFT management resulted in baseline U.S. quotas for both 2011 and 2012 of 923.7 mt (not including a 25-mt allocation that the United States uses to account for bycatch of BFT in pelagic longline fisheries in the Northeast Distant Gear Restricted Area (NED)). Consistent with the allocation scheme established in the Consolidated HMS FMP, the baseline 2012 General category share would be 435.1 mt, and the baseline 2012 January General category subquota would be 23.1 mt. In order to implement the ICCAT recommendation for 2012, NMFS is planning to publish proposed quota specifications in the beginning of 2012 to set BFT quotas for each of the established domestic fishing categories. Until the 2012 quota specifications are finalized (most likely in the spring of 2012), the January General category baseline quota of 23.1 mt (established E:\FR\FM\09DER1.SGM 09DER1

Agencies

[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Rules and Regulations]
[Pages 76899-76900]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31654]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 52

[FAC 2005-54; Correction; FAR Case 2011-014; Docket 2011-0014; Sequence 
1]
RIN 9000-AM11


Federal Acquisition Regulation; Correction

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: This document contains corrections to the final rule which was 
published in the Federal Register of Wednesday, November 2, 2011 (76 FR 
68039). The final rule amended the Federal Acquisition Regulation (FAR) 
to revise the definitions of ``Caribbean Basin country'' and 
``designated country'' due to the change in status of the islands that 
comprised the Netherlands Antilles.

[[Page 76900]]


DATES: Effective Date: December 9, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement 
Analyst, at (202) 219-0202, for clarification of content. Contact the 
Regulatory Secretariat, at 1275 First Street NE., Washington, DC 20417, 
or (202) 501-4755, for information pertaining to status or publication 
schedules. Please cite FAC 2005-54; Correction.

SUPPLEMENTARY INFORMATION:

Background

    DoD, GSA, and NASA published a final rule, FAR Case 2011-014, 
Successor Entities to the Netherlands Antilles, in the Federal Register 
of Wednesday, November 2, 2011 (76 FR 68039). The rule amended the 
Federal Acquisition Regulation (FAR) by revising the definitions of 
``Caribbean Basin country'' and ``designated country'' due to the 
change in status of the islands that comprised the Netherlands 
Antilles.

Need for Correction

    As published, the regulations contain technical errors in the 
promulgated rule.

List of Subjects in 48 CFR Part 52

    Government procurement.

    Accordingly, 48 CFR part 52 is corrected by making the following 
correcting amendments:

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 52 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).


0
2. Amend section 52.212-5 by--
0
a. Revising paragraph (b)(39); and
0
b. Removing from paragraph (b)(40) ``(Aug 09)'' and adding ``(Nov 
2011)'' in its place.
    The revised text reads as follows:


52.212-5  Contract Terms and Conditions Required To Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *
    (b) * * *
    ---- (39)(i) 52.225-3, Buy American Act--Free Trade Agreements--
Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 
19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-
286, 108-302, 109-53, 109-169, 109-283, and 110-138).
    ---- (ii) Alternate I (Jan 2004) of 52.225-3.
    ---- (iii) Alternate II (Jan 2004) of 52.225-3.
* * * * *

    Dated: December 5, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2011-31654 Filed 12-8-11; 8:45 am]
BILLING CODE 6820-EP-P