Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81921 

252.225–7044 Balance of Payments 

Program—Construction Material. 

As prescribed in 225.7503(a)(1), use 

the following clause: 

* * * * * 

ALTERNATE I (DEC 2010) 

As prescribed in 225.7503(a)(2), add the 

following definitions to paragraph (a) and 

replace the phrase ‘‘domestic construction 

material’’ in the second sentence of paragraph 

(b) with the phrase ‘‘domestic construction 

material or SC/CASA state construction 

material.’’ 

‘‘South Caucasus/Central and South Asian 

(SC/CASA) state’’ means Armenia, 

Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, 

Pakistan, Tajikistan, Turkmenistan, or 

Uzbekistan. 

‘‘SC/CASA state construction material’’ 

means construction material that— 

(i) Is wholly the growth, product, or 

manufacture of an SC/CASA state; or 

(ii) In the case of a construction material 

that consists in whole or in part of materials 

from another country, has been substantially 

transformed in an SC/CASA state into a new 

and different construction material distinct 

from the material from which it was 

transformed. 

■ 18. Amend section 252.225–7045 by 

revising the introductory text; revising 

Alternate I; and adding Alternate II and 

Alternate III at the end of the section to 

read as follows: 

252.225–7045 Balance of Payments 

Program—Construction Material Under 

Trade Agreements. 

As prescribed in 225.7503(b)(1), use 

the following clause: 

* * * * * 

ALTERNATE I (DEC 2010) 

As prescribed in 225.7503(b)(2), add the 

following definition of ‘‘Bahrainian or 

Mexican construction material’’ to paragraph 

(a) of the basic clause, and substitute the 

following paragraphs (b) and (c) for 

paragraphs (b) and (c) of the basic clause: 

Bahrainian or Mexican construction 

material means a construction material that— 

(1) Is wholly the growth, product, or 

manufacture of Bahrain or Mexico; or 

(2) In the case of a construction material 

that consists in whole or in part of materials 

from another country, has been substantially 

transformed in Bahrain or Mexico into a new 

and different construction material distinct 

from the materials from which it was 

transformed. 

(b) This clause implements the Balance of 

Payments Program by providing a preference 

for domestic construction material. In 

addition, the Contracting Officer has 

determined that the WTO GPA and all Free 

Trade Agreements except NAFTA and the 

Bahrain Free Trade Agreement apply to this 

acquisition. Therefore, the Balance of 

Payments Program restrictions are waived for 

designated country construction material 

other than Bahrainian or Mexican 

construction material. 

(c) The Contractor shall use only domestic 

or designated country construction material 

other than Bahrainian or Mexican 

construction material in performing this 

contract, except for— 

(1) Construction material valued at or 

below the simplified acquisition threshold in 

part 2 of the Federal Acquisition Regulation; 

or 

(2) Information technology that is a 

commercial item; or 

(3) The construction material or 

components listed by the Government as 

follows: 

llllllllllllllllllll

[Contracting Officer to list applicable 

excepted materials or indicate ‘‘none’’]. 

ALTERNATE II (DEC 2010) 

As prescribed in 225.7503(b)(3), add the 

following definitions to paragraph (a); 

substitute the following paragraph (b) and the 

introductory text of paragraph (c) for 

paragraph (b) and the introductory text of 

paragraph (c) of the basic clause; and add the 

following paragraph (d): 

South Caucasus/Central and South Asian 

(SC/CASA) state means Armenia, Azerbaijan, 

Georgia, Kazakhstan, Kyrgyzstan, Pakistan, 

Tajikistan, Turkmenistan, or Uzbekistan. 

SC/CASA state construction material 

means construction material that— 

(i) Is wholly the growth, product, or 

manufacture of an SC/CASA state; or 

(ii) In the case of a construction material 

that consists in whole or in part of materials 

from another country, has been substantially 

transformed in an SC/CASA state into a new 

and different construction material distinct 

from the material from which it was 

transformed. 

(b) This clause implements the Balance of 

Payments Program by providing a preference 

for domestic construction material. In 

addition, the Contracting Officer has 

determined that the WTO GPA, Free Trade 

Agreements, and other waivers relating to 

acquisitions in support of operations in 

Afghanistan apply to this acquisition. 

Therefore, the Balance of Payments Program 

restrictions are waived for SC/CASA state 

and designated country construction 

materials. 

(c) The Contractor shall use only domestic, 

SC/CASA state, or designated country 

construction material in performing this 

contract, except for— 

(d) The Contractor shall inform its 

government of its participation in this 

acquisition and that it generally will not have 

such opportunity in the future unless its 

government provides reciprocal procurement 

opportunities to U.S. products and services 

and suppliers of such products and services. 

ALTERNATE III (DEC 2010) 

As prescribed in 225.7503(b)(4), add the 

following definitions to paragraph (a); 

substitute the following paragraph (b) and the 

introductory text of paragraph (c) for 

paragraph (b) and the introductory text of 

paragraph (c) of the basic clause; and add the 

following paragraph (d): 

South Caucasus/Central and South Asian 

(SC/CASA) state means Armenia, Azerbaijan, 

Georgia, Kazakhstan, Kyrgyzstan, Pakistan, 

Tajikistan, Turkmenistan, or Uzbekistan. 

SC/CASA state construction material 

means construction material that— 

(i) Is wholly the growth, product, or 

manufacture of an SC/CASA state; or 

(ii) In the case of a construction material 

that consists in whole or in part of materials 

from another country, has been substantially 

transformed in an SC/CASA state into a new 

and different construction material distinct 

from the material from which it was 

transformed. 

(b) This clause implements the Balance of 

Payments Program by providing a preference 

for domestic construction material. In 

addition, the Contracting Officer has 

determined that the WTO GPA, all Free 

Trade Agreements except NAFTA and the 

Bahrain Free Trade Agreement, and other 

waivers relating to acquisitions in support of 

operations in Afghanistan apply to this 

acquisition. Therefore, the Balance of 

Payments Program restrictions are waived for 

SC/CASA state and designated country 

construction material other than Bahrainian 

or Mexican construction material. 

(c) The Contractor shall use only domestic, 

SC/CASA state, or designated country 

construction material other than Bahrainian 

or Mexican construction material in 

performing this contract, except for— 

(d) The Contractor shall inform its 

Government of its participation in this 

acquisition and that it generally will not have 

such opportunity in the future unless its 

Government provides reciprocal procurement 

opportunities to U.S. products and services 

and suppliers of such products and services. 

[FR Doc. 2010–32711 Filed 12–28–10; 8:45 am] 

BILLING CODE 5001–08–N 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101006495–0498–01] 

RIN 0648–BA31 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Steller Sea Lion 

Protection Measures for the Bering 

Sea and Aleutian Islands Groundfish 

Fisheries Off Alaska; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correction to interim final rule. 

SUMMARY: This document contains 

corrections to the interim final rule 

pertaining to Fisheries of the Exclusive 

Economic Zone Off Alaska; Steller Sea 

Lion Protection Measures for the Bering 

Sea and Aleutian Islands Groundfish 

Fisheries Off Alaska published on 

December 13, 2010. These corrections 


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81922 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

amend one error in the preamble to the 

interim final rule and one typographical 

error and content within regulatory 

tables to eliminate potential confusion 

by the public. 

DATES: Effective January 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Melanie Brown, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Background 

An interim final rule was published 

in the Federal Register on December 13, 

2010 (75 FR 77535), to implement 

Steller sea lion protection measures to 

ensure that the Bering Sea and Aleutian 

Islands management area (BSAI) 

groundfish fisheries off Alaska are not 

likely to jeopardize the continued 

existence of the western distinct 

population segment of Steller sea lions 

or adversely modify its designated 

critical habitat. NMFS is correcting 

errors identified in the preamble to the 

interim final rule and the regulatory 

text. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

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

prior notice and the opportunity for 

public comment because it would be 

impracticable and contrary to the public 

interest. These errors should be 

corrected immediately to eliminate 

potential confusion by the regulated 

public. If the effective date for these 

corrections is delayed to solicit prior 

public comment, these technical errors 

will not be corrected by the effective 

date of this final rule, thereby 

undermining the conservation and 

management objectives of the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area. Good cause to waive 

prior notice and the opportunity for 

public comment for the interim final 

rule corrected by this action can be 

found in 75 FR 77535 (December 13, 

2010). 

The AA further finds, pursuant to 5 

U.S.C 553(d)(3), good cause to waive the 

thirty (30) day delayed effectiveness 

period for the reasons stated above. 

Summary of Errors 

NMFS is correcting errors and is not 

making substantive changes to the 

interim final rule published on 

December 13, 2010 (75 FR 77535). The 

corrections to Tables 5, 6, and 12 to 50 

CFR part 679 are listed below. These 

corrections revise coordinates for Steller 

sea lion sites, revise footnotes, add 

degree symbols, add lines between 

rows, and remove a 3-nm groundfish 

fishing closure in Table 12 to 50 CFR 

part 679, which was erroneously added 

by the interim final rule. 

On page 77547, in Table 5 to part 679, 

seventh row (Great Sitkin I.), third 

column, we are replacing value ‘‘52 

06.00 N’’ to read ‘‘52 06.60 N’’; in the 

fourth column we are replacing value 

‘‘176 10.50 W’’ to read ‘‘176 07.00 W’’, 

and in the fifth column we are replacing 

value ‘‘52 06.60 N’’ to read ‘‘52 07.00 N’’. 

On page 77550, in Table 5 to part 679, 

first row (Bird I.), fourth column, we are 

replacing value ‘‘163 17.2 W’’ to read 

‘‘163 17.15 W’’; in the third row (South 

Rocks), fourth column, we are replacing 

value ‘‘162 41.3 W’’ to read ‘‘162 41.25 

W’’; in the fourth row (Clubbing Rocks 

(S)), fourth column, we are replacing 

value ‘‘162 26.7 W’’ to read ‘‘162 26.74 

W’’; and in the fifth row (Clubbing Rocks 

(N)), fourth column, we are replacing 

value ‘‘162 26.7 W’’ to read ‘‘162 26.72 

W’’. 

On page 77552, in Table 5 to part 679, 

fourth row (Ushagat I./SW), third 

column, we are replacing value ‘‘58 

54.75’’ to read ‘‘58 54.75 N’’. 

On page 77553, in Table 5 to part 679, 

third row (Rugged Island), we are 

adding value in the fifth column to read 

‘‘59 51.00 N’’ and adding value in the 

sixth column to read ‘‘149 24.70 W’’. 

On page 77557, in Table 6 to part 679, 

footnote 6(a), we are replacing ‘‘0 nn’’ to 

read ‘‘0 nm’’. 

On page 77557, in Table 6 to part 679, 

footnote 7, we are replacing the second 

subparagraph ‘‘(a)’’ to read ‘‘(b)’’. 

On page 77558, in Table 12 to part 

679, we are removing the sixteenth row 

(Tanaga I./Bumpy Pt.). 

On page 77559, in Table 12 to part 

679, fourteenth row (Clubbing Rocks 

(S)), fourth column, we are replacing 

value ‘‘162 26.7 W’’ to read ‘‘162 26.74 

W’’; and, in the fifteenth row (Clubbing 

Rocks (N)), fourth column, we are 

replacing value ‘‘162 26.7 W’’ to read 

‘‘162 26.72 W’’. 

On page 77560, in Table 12 to part 

679, second row (Choweit I.), fifth 

column, we are replacing value ‘‘55 

00.30 N’’ to read ‘‘56 00.30 N’’. 

In addition to these regulatory 

corrections, we are correcting a 

statement in the preamble to the interim 

final rule (74 FR 77535, December 13, 

2010) that incorrectly referenced 

existing Pacific cod trawl seasons. On 

page 77539, in the second column, 

correct the last sentence to read: 

‘‘Waters that are 10 nm to 20 nm from 

Steller sea lion sites and that occur in 

this one degree longitude area are closed 

to directed fishing for Pacific cod with 

trawl gear in the C season (June 10, 1200 

hours, A.l.t., to November 1, 1200 hours, 

A.l.t.), but are open during the A and B 

seasons.’’ 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries, Reporting and 

recordkeeping requirements. 

Dated: December 22, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

Correction 

■ Accordingly, the interim final rule, FR 

Doc. 2010–31226, published on 

December 13, 2010 (75 FR 77535), to be 

effective January 1, 2011, is corrected as 

follows: 

§ 679.20 [Corrected] 

■ 1. In § 679.20, on page 77543, third 

column, instruction 5, first line, correct 

‘‘§ 79.20’’ to read ‘‘§ 679.20’’. 

■ 2. In 50 CFR part 679, on pages 77545 

through 77560, correctly revise Tables 5, 

6, and 12 to read as follows: 

BILLING CODE 3510–22–P 


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[FR Doc. 2010–32654 Filed 12–28–10; 8:45 am] 

BILLING CODE 3510–22–C 


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