### 38736 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations

considered in the formation of the final rule. List of Subjects in 48 CFR Part 225 and
252

Government procurement.

Ynette R. Shelkin, Editor, Defense Acquisition Regulations System.

Therefore, 48 CFR parts 225 and 252 are amended as follows:

■ 1. The authority citation for 48 CFR parts 225 and 252 continues to read as follows:

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

**PART 225—FOREIGN ACQUISITION**

■ 2. Amend section 225.7001 by revising paragraph (e) to read as follows:

**225.7001 Definitions.**
* * * * *

(e) Structural component of a tent is defined in the clause at 252.225–7012, Preference for Certain Domestic Commodities.

■ 3. Amend section 225.7002–1 by revising paragraph (a)(3) to read as follows:

**225.7002–1 Restrictions.**
* * * * *

(a) * * * (3) Tents and the structural components of tents, tarpaulins, or

covers. In addition, in accordance with section 368 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112–81)—

(i) When acquiring tents or other temporary structures for use by the Armed Forces, the contracting officer shall award contracts that provide the best value (see FAR 15.101). Temporary structures covered by this paragraph (a)(3)(i) are nonpermanent buildings, including tactical shelters,nonpermanent modular or prefabricated buildings, or portable or relocatable buildings, such as trailers or equipment configured for occupancy (see also DFARS 246.270–2)). Determination of best value includes consideration of the total life-cycle costs of such tents or structures, including the costs associated with any equipment, fuel, or electricity needed to heat, cool, or light such tents or structures (see FAR 7.105(a)(3)(i) and PGI 207.105(a)(3)(i)).

(ii) These requirements apply to any agency or department that acquires tents or other temporary structures on behalf of DoD (see FAR 17.503(d)(2)).

* * * * * **PART 252—SOLICITATION PROVISIONS AND CONTRACT**  **CLAUSES**

**252.212–7001 [Amended]**

■ 4. Amend section 252.212–7001 in paragraph (b)(9) by removing ‘‘(JUN 2010)’’ and adding ‘‘(JUN 2012)’’ in its place.

■ 5. Amend section 252.225–7012—

■ a. By removing the clause date ‘‘(JUN 2010)’’ and adding ‘‘(JUN 2012)’’ in its place;

■ b. In paragraph (a), by removing the numerical designations (1) through (5) from the definitions and adding, in alphabetical order, the definition of ‘‘Structural component of a tent’’; and

■ c. By revising paragraph (b)(3).

The addition and revision read as follows:

**252.225–7012 Preference for Certain Domestic Commodities.** 
* * * * *

(a) * * * Structural component of a tent — (i) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, flooring, guy ropes, pegs);

(ii) Does not include equipment such as heating, cooling, or lighting.

* * * * *

(b) * * * (3) Tents and structural components of tents, tarpaulins, and covers.

* * * * *

[FR Doc. 2012–15563 Filed 6–28–12; 8:45 am]

**BILLING CODE 5001–06–P**

**DEPARTMENT OF DEFENSE**

**Defense Acquisition Regulations System** 

**48 CFR Parts 225 and 252**

**RIN 0750–AH75**

**Defense Federal Acquisition Regulation Supplement: New**  **Qualifying Country—Czech Republic (DFARS Case 2012–D043)** 

**AGENCY :**  Defense Acquisition Regulations System, Department of Defense (DoD).

**ACTION :**  Final rule.

**SUMMARY :**  DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add the Czech Republic as a qualifying country.

**DATES :**  Effective date: June 29, 2012.

**FOR FURTHER INFORMATION CONTACT :**  Ms. Amy G. Williams, telephone 571–372–
6106. **SUPPLEMENTARY INFORMATION :**  I. Background

DoD is amending the DFARS to add the Czech Republic as a qualifying country. On April 18, 2012, the Secretary of Defense signed a new reciprocal defense procurement agreement with the Czech Minister of Defense. The agreement removes discriminatory barriers to procurements of supplies and services produced by industrial enterprises of the other country to the extent mutually beneficial and consistent with national laws, regulations, policies, and international obligations. The agreement does not cover construction or construction material.

II. Publication of This Final Rule for Public Comment Is Not Required by Statute

‘‘Publication of proposed regulations’’, 41 U.S.C. 1707, is the statute which applies to the publication of the Federal Acquisition Regulation. Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure, or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment. Adding the Czech Republic to the list of 21 other countries that have similar reciprocal defense procurement agreements with DoD does not alter the substantive meaning of the basic DoD policy on contracting with qualifying country sources. Accordingly, the change does not constitute a significant DFARS revision within the meaning of FAR 1.501–1, does not have a significant effect beyond the internal operating procedures of DoD, and will not have a significant cost or administrative impact on contractors or offerors.

III. Executive Orders 12866 and 13563

Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs


### 38737 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations

and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C.

804. IV. Regulatory Flexibility Act

The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501–1, and 41 U.S.C. 1707 does not require publication for public

comment. V. Paperwork Reduction Act

This rule affects the certification and information collection requirements in the provisions at DFARS 252.225–7000, 252.225–7020, currently approved under OMB Control Number 0704–0229, titled DFARS Part 225, Foreign Acquisition, and Associated Clauses, in the amount of 57,235 hours, in accordance with the Paperwork Reduction Act (44 U.S.C. chapter 35). The impact, however, is negligible, because it merely shifts the category under which items from the Czech Republic must be listed.
List of Subjects in 48 CFR Parts 225 and

252

Government procurement.

Ynette R. Shelkin, Editor, Defense Acquisition Regulations System.

Therefore, 48 CFR parts 225 and 252 are amended as follows:

■ 1. The authority citation for 48 CFR parts 225 and 252 continues to read as follows:

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

**PART 225—FOREIGN ACQUISITION**

**225.003 [Amended]**

■ 2. Amend section 225.003 in the definition ‘‘Qualifying country’’, paragraph (10), by adding ‘‘Czech Republic’’ in alphabetical order.

**225.872–1 [Amended]**

■ 3. Amend section 225.872–1, paragraph (a), by adding ‘‘Czech Republic’’ in alphabetical order. **PART 252—SOLICITATION PROVISIONS AND CONTRACT**  **CLAUSES**

**252.212–7001 [Amended]**

■ 4. Amend section 252.212–7001 in paragraph (b)(12) by removing ‘‘(MAY 2012)’’ and adding ‘‘(JUN 2012)’’ in its place.

**252.225–7001 [Amended]**

■ 5. Amend section 252.225–7001, paragraph (a), definition of ‘‘Qualifying country,’’ by adding ‘‘Czech Republic’’ in alphabetical order.

■ 6. Amend section 252.225–7002 by removing the clause date ‘‘(APR 2003)’’ and adding ‘‘(JUN 2012)’’ in its place and revising paragraph (a) to read as follows:

**252.225–7002 Qualifying Country Sources as Subcontractors.** 
* * * * *

(a) Definition. Qualifying country, as used in this clause, means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries: Australia Austria Belgium Canada Czech Republic Denmark Egypt Finland France Germany Greece Israel Italy Luxembourg Netherlands Norway Portugal Spain Sweden Switzerland Turkey United Kingdom of Great Britain and

Northern Ireland

* * * * *

**252.225–7012 [Amended]**

■ 7. Amend section 252.225–7012 in paragraph (a)(3) by adding ‘‘Czech Republic’’ in alphabetical order. ■ 8. Amend section 252.225–7017 by removing the clause date ‘‘(MAY 2012)’’ and adding ‘‘(JUN 2012)’’ in its place and by revising the definition of ‘‘Qualifying country,’’ in paragraph (a) to read as follows:

**252.225–7017 Photovoltaic Devices.**
* * * * *

(a) * * * Qualifying country means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:
Australia Austria Belgium Canada Czech Republic Denmark Egypt Finland France Germany Greece Israel Italy Luxembourg Netherlands Norway Portugal Spain Sweden Switzerland Turkey United Kingdom of Great Britain and

Northern Ireland

* * * * *

**252.225–7021 [Amended]**

■ 9. Amend section 252.225–7021, paragraph (a), definition of ‘‘Qualifying country,’’ by adding ‘‘Czech Republic’’ in alphabetical order.

■ 10. Amend section 252.225–7036 by revising the definition of ‘‘Qualifying country,’’ in paragraph (a) to read as follows:

**252.225–7036 Buy American—Free Trade Agreements—Balance of Payments**  **Program.**
* * * * *

(a) * * * ‘‘Qualifying country’’ means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United


### 38738 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations

States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:
Australia Austria Belgium Canada Czech Republic Denmark Egypt Finland France Germany Greece Israel Italy Luxembourg Netherlands Norway Portugal Spain Sweden Switzerland Turkey United Kingdom of Great Britain and

Northern Ireland

* * * * *

[FR Doc. 2012–15564 Filed 6–28–12; 8:45 am]

**BILLING CODE 5001–06–P**

**DEPARTMENT OF COMMERCE**

**National Oceanic and Atmospheric Administration** 

**50 CFR Part 648**

**[Docket No. 110901554–2178–02]**

**RIN 0648–BB35**

**Fisheries of the Northeastern United States; Northeast Multispecies**  **Fishery; Exempted Fishery for the Southern New England Skate Bait**  **Trawl Fishery**

**AGENCY :**  National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

**ACTION :**  Final rule.

**SUMMARY :**  This final rule modifies the regulations implementing the Northeast (NE) Multispecies Fishery Management Plan (FMP) to allow vessels issued a Federal skate permit and a Skate Bait Letter of Authorization to fish for skates in a portion of southern New England (SNE) from July 1 through October 31 of each year, outside of the NE multispecies days-at-sea (DAS) program. This action allows vessels to harvest skates in a manner that is consistent with the bycatch reduction objectives of the NE Multispecies FMP.

**DATES :**  Effective July 1, 2012.

**ADDRESSES :**  An environmental assessment (EA) was prepared for the Secretarial Amendment that describes this action and other considered alternatives, and provides an analysis of the impacts of the approved measures and alternatives. Copies of the Secretarial Amendment, including the EA and the Initial Regulatory Flexibility Analysis (IRFA), are available on request from Daniel Morris, Acting Regional Administrator, Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. These documents are also available online at http://www.nero.noaa.gov.

**FOR FURTHER INFORMATION CONTACT :**  Travis Ford, Fishery Management Specialist, 978–281–9233; fax 978–281– 9135; email: travis.ford@noaa.gov.

**SUPPLEMENTARY INFORMATION :**  Background

Current regulations, implemented under Framework Adjustment 9 (60 FR 19364, April 18, 1995) and expanded under Amendment 7 to the FMP (61 FR 27710, May 31, 1996), contain a NE multispecies fishing mortality and bycatch reduction measure that is applied to the Gulf of Maine (GOM), Georges Bank (GB), and SNE Exemption Areas found in 50 CFR § 648.80. A vessel may not fish in these areas unless it is fishing under a NE multispecies or a scallop DAS allocation, is fishing with exempted gear, is fishing under the Small Vessel Handgear (A or B) or Party/Charter permit restrictions, or is fishing in an exempted fishery. The procedure for adding, modifying, or deleting fisheries from the list of exempted fisheries is found in 50 CFR § 648.80. A fishery may be exempted by the Regional Administrator (RA), after consultation with the New England Fishery Management Council (Council), if the RA determines, based on available data or information, that the bycatch of regulated species is, or can be reduced to, less than 5 percent by weight of the total catch and that such exemption will not jeopardize the fishing mortality objectives of the FMP.

Representatives from the NE multispecies sector fleet submitted an exempted fishery request to the RA on April 1, 2011. The petitioners requested that NMFS consider an exempted fishery for trawl vessels using 6.5-inch (16.5-cm) mesh nets and targeting skate bait in a portion of SNE from June through November of each year (referred to in the EA and in this rule as Alternative 2). Northeast Fisheries Observer Program (NEFOP) and at-sea monitoring (ASM) data were compiled and analyzed with reference to groundfish vessels targeting skate in the area and months requested for the exemption. A second alternative was assessed that reduced both the size of the exempted area and the requested season from June through November to July through October (referred to in the EA and in this rule as Alternative 1). The data best supported Alternative 1, revealing that bycatch of regulated species (primarily winter flounder and windowpane flounder) was substantially reduced from the original proposal by reducing the area and contracting the time period.

On April 27, 2012, a proposed rule was published in the Federal Register (77 FR 25117) soliciting public comment. The proposed rule and EA discuss these analyses in greater detail. No comments were received during the comment period. In addition, the Council was consulted on June 19, 2012, regarding this final rule. The Council raised no objections. Since no comments were received from the public or the Council, there are no modifications from the proposed measures in this final rule. Approved Measures Southern New England Skate Bait Trawl Exemption Area

The RA has determined that an exempted skate bait trawl fishery in a specifically defined portion of SNE meets the exemption requirements in § 648.80(a)(8)(i). Analysis of available data indicate that bycatch of regulated species by vessels targeting skate bait in that portion of SNE is less than 5 percent, by weight, of the total catch. Also, the RA has determined that the exemption will not jeopardize the fishing mortality objectives of the FMP because this exemption does not increase the demand for skate bait and is not expected to increase fishing for skate bait. Due to this exemption, common pool vessels will have more DAS available to target multispecies; however, DAS are not considered a limiting factor in the common pool. Further, Annual Catch Limits (ACLs) for each stock will prevent the overharvest of any species. Based on these determinations, the RA is exempting eligible vessels from the prohibition against fishing while not on a DAS in a portion of SNE from July through