Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Rules and Regulations 2655 

IV. Regulatory Flexibility Act 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 604, 

and is summarized as follows: 

This rule implements a statutory 

requirement under section 866 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2011. 

Section 866 authorized the Secretary of 

Defense to establish a pilot program to 

assess the feasibility and advisability of 

acquiring military-purpose 

nondevelopmental items. 

The objective of this new DoD 

program is to permit DoD to enter into 

contracts with nontraditional defense 

contractors for the purpose of (1) 

Enabling DoD to acquire items that 

otherwise might not have been available 

to DoD; (2) assisting DoD in the rapid 

acquisition and fielding of capabilities 

needed to meet urgent operational 

needs; and (3) protecting the interests of 

the United States in paying fair and 

reasonable prices for the item or items 

acquired. 

No public comments were received in 

response to the initial regulatory 

flexibility analysis. The Chief Counsel 

for Advocacy of the Small Business 

Administration did not file any 

comments in response to this rule. 

DoD is unable to estimate at this time 

the number of small entities impacted 

by the rule, since this is a new pilot 

program and its purpose is to identify 

and attract nontraditional defense 

contractors as defined within the rule 

and section 866 of the National Defense 

Authorization Act for Fiscal Year 2011. 

There are no reporting, recordkeeping, 

or other compliance requirements to 

small entities associated with this rule. 

Additionally, there were no significant 

alternatives considered that met the 

stated objectives of the applicable 

statute. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 212 and 

252 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CFR parts 212 and 252, 

which was published at 76 FR 38048 on 

June 29, 2011, is adopted as a final rule 

without change. 

[FR Doc. 2012–970 Filed 1–18–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100804324–1265–02] 

RIN 0648–XA927 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Pacific Whiting and Non-Whiting 

Allocations; Pacific Whiting Seasons 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Reapportionment of nonwhiting catch allocations from 

mothership sector to catcher/processor 

sector; request for comments. 

SUMMARY: This notification announces 

the reapportionment of 4.3 metric tons 

(mt) of Darkblotched rockfish, 6.5 mt of 

Pacific Ocean Perch, 3.3 mt of Canary 

rockfish, and 48.3 mt of Widow rockfish 

from the mothership sector to the 

catcher/processor sector. 

DATES: The reapportionment of nonwhiting is effective from 1600 local 

time, December 14, 2011, until 

December 31, 2011, unless modified, 

superseded or rescinded. Comments 

will be accepted through February 3, 

2012. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2010–0194 

by any of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal, at http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter (NOAA–NMFS–2010–0194) 

in the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Fax: (206) 526–6736, Attn: Kevin C. 

Duffy. 

• Email comments directly to NMFS, 

Northwest Region at: 

Whitingreapportionment@noaa.gov. 

• Mail: William W. Stelle, Jr., 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA 98115–0070, Attn: 

Kevin C. Duffy. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (if submitting comments via 

the Federal Rulemaking portal, enter 

‘‘N/A’’ in the relevant required fields if 

you wish to remain anonymous). 

Attachments to electronic comments 

will be accepted in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Duffy (Northwest Region, 

NMFS), phone: (206) 526–4743, fax: 

(206) 526–6736 and email: 

kevin.duffy@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This notice is accessible via the 

Internet at the Office of the Federal 

Register’s Web site at http:// 

www.gpo.gov/fdsys/search/home.action. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s Web site at 

http://www.pcouncil.org/. 

Background 

This action is authorized by 

regulations implementing the Pacific 

Coast Groundfish Fishery Management 

Plan (FMP), which governs the 

groundfish fishery off Washington, 

Oregon, and California. 

Regulations at 50 CFR 

660.150(c)(4)(ii) provide for the 

Regional Administrator to make 

available for harvest to the catcher/ 

processor sector of the Pacific whiting 

fishery, the mothership sector’s 

nonwhiting catch allocation remaining 

when the Pacific whiting allocation is 

reached or when participants in the 

mothership sector do not intend to 

harvest the remaining allocation. 

Consistent with these provisions, the 

Whiting Mothership Cooperative 

Manager notified NMFS in writing on 

December 13, 2011 that the Whiting 

Mothership Cooperative had concluded 

their harvest of mothership sector 

whiting for 2011. 

The best available information on 

December 14, 2011 indicated that 

approximately 4.3 metric tons mt of 


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2656 Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Rules and Regulations 

Darkblotched rockfish, 6.5 mt of Pacific 

Ocean Perch, 3.3 mt of Canary rockfish, 

and 48.3 mt of Widow rockfish allocated 

to the mothership sector for the Pacific 

whiting fishery in 2011, would not be 

used by December 31, 2011. 

This notice announces the 

reapportionment of 4.3 mt of 

Darkblotched rockfish, 6.5 mt of Pacific 

Ocean Perch, 3.3 mt of Canary rockfish, 

and 48.3 mt of Widow rockfish from the 

mothership sector to the catcher/ 

processor sector. The revised 

nonwhiting catch allocations between 

the catcher/processor and mothership 

sectors for these species are: 

Darkblotched rockfish, 12.8 mt, catcher/ 

processor sector, 1.7 mt, mothership 

sector; Pacific Ocean Perch, 16.7 mt, 

catcher/processor sector, 0.66 mt, 

mothership sector; Canary rockfish, 8.1 

mt, catcher/processor sector, 0.08 mt, 

mothership sector; and Widow rockfish, 

135 mt, catcher/processor sector, 12.86 

mt, mothership sector. 

Emails sent directly to fishing 

businesses and postings on the 

Northwest Region’s Internet site were 

used to provide actual notice to the 

affected fishers. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that good 

cause exists for this notification to be 

issued without affording prior notice 

and opportunity for public comment 

pursuant to 5 U.S.C. 553(b)(B) because 

such notification would be 

impracticable and contrary to the public 

interest. As previously noted, actual 

notice of the reapportionment was 

provided to fishers. Prior notice and 

opportunity for public comment was 

impracticable because NMFS had 

insufficient time to provide prior notice 

and the opportunity for public comment 

between the time NMFS was notified 

that the mothership sector had 

concluded its harvest and the time the 

fishery modifications had to be 

implemented in order to ensure that 

fisheries are managed based on the best 

available scientific information. 

Reapportioning as quickly as possible 

was necessary to allow fishers access to 

the available fish. For the same reasons, 

the AA also finds good cause to waive 

the 30-day delay in effectiveness 

required under 5 U.S.C. 553(d)(3). 

These actions are authorized by 50 

CFR 660.150(c)(4) and 660.150(c)(5) and 

are exempt from review under Executive 

Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 13, 2012. 

Steven Thur, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–1007 Filed 1–18–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126521–0640–02] 

RIN 0648–XA940 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pollock in the Bering Sea and Aleutian 

Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS is reallocating the 

projected unused amounts of the Aleut 

Corporation’s pollock directed fishing 

allowance and the Community 

Development Quota from the Aleutian 

Islands subarea to the Bering Sea 

subarea directed fisheries. These actions 

are necessary to provide opportunity for 

harvest of the 2012 total allowable catch 

of pollock, consistent with the goals and 

objectives of the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 19, 2012, until the 

effective date of the final 2012 and 2013 

harvest specifications for Bering Sea and 

Aleutian Islands (BSAI) groundfish, 

unless otherwise modified or 

superseded through publication of a 

notification in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, (907) 586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council (Council) 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

In the Aleutian Islands subarea, the 

portion of the 2012 pollock total 

allowable catch (TAC) allocated to the 

Aleut Corporation’s directed fishing 

allowance (DFA) is 15,500 metric tons 

(mt) and the Community Development 

Quota (CDQ) is 1,900 mt as established 

by the final 2011 and 2012 harvest 

specifications for groundfish in the 

BSAI (76 FR 11139, March 1, 2011), as 

adjusted by two inseason adjustments 

(76 FR 12607, March 8, 2011 and 76 FR 

81876, December 29, 2011). 

As of January 20, 2012, the 

Administrator, Alaska Region, NMFS, 

(Regional Administrator) has 

determined that 10,500 mt of Aleut 

Corporation’s DFA and 1,900 mt of 

pollock CDQ in the Aleutian Islands 

subarea will not be harvested. 

Therefore, in accordance with 

§ 679.20(a)(5)(iii)(B)(4), NMFS 

reallocates 10,500 mt of Aleut 

Corporation’s DFA and 1,900 mt of 

pollock CDQ from the Aleutian Islands 

subarea to the 2012 Bering Sea subarea 

allocations. The 1,900 mt of pollock 

CDQ is added to the 2012 Bering Sea 

CDQ DFA. The remaining 10,500 mt of 

pollock is apportioned to the AFA 

Inshore sector (50 percent), AFA 

catcher/processor sector (40 percent), 

and the AFA mothership sector (10 

percent). The 2012 pollock incidental 

catch allowance remains at 32,400 mt. 

As a result, the harvest specifications for 

pollock in the Aleutian Islands subarea 

included in the final 2011 and 2012 

harvest specifications for groundfish in 

the BSAI (76 FR 11139, March 1, 2011) 

are revised as follows: 5,000 mt to Aleut 

Corporation’s DFA and 0 mt to CDQ 

pollock. Furthermore, pursuant to 

§ 679.20(a)(5), Table 3 of the final 2011 

and 2012 harvest specifications for 

groundfish in the BSAI (76 FR 11139, 

March 1, 2011), as adjusted by two 

inseason adjustments (76 FR 12607, 

March 8, 2011 and 76 FR 81873, 

December 29, 2011), is revised to make 

2012 pollock allocations consistent with 

this reallocation. This reallocation 

results in adjustments to the 2012 Aleut 

Corporation and CDQ pollock 

allocations established at § 679.20(a)(5). 


EMCDONALD on DSK29S0YB1PROD with RULES