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 


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

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 


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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 


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