53412 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 

Environment 

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 this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g.), of the Instruction because the 

rule involves the establishment of a 

safety zone. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T11–238 to 

read as follows: 

§ 165.T11–238 Safety Zone; Catholic 

Church Procession; San Diego Bay, San 

Diego, CA. 

(a) Location. The following area is a 

safety zone: All waters of San Diego 

Bay, from surface to bottom, within 300 

feet of the firing site located at the end 

of Grape Street, Pier 2, San Diego, 

California. 

(b) Enforcement Period. This section 

will be enforced from 2 p.m. to 4 p.m. 

on October 19, 2009. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative, means any 

commissioned, warrant, or petty officers 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, or local, 

State, or Federal law enforcement 

vessels who have been authorized to act 

on behalf of the Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Sector San Diego Communications 

Center (COMCEN). The COMCEN may 

be contacted via VHF–FM Channel 16 or 

(619) 278–7033. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel must proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: September 21, 2009. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. E9–25023 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 203 

RIN 0750–AG34 

Defense Federal Acquisition 

Regulation Supplement; DoD Inspector 

General Address (DFARS Case 2009– 

D001) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to add the address of the DoD 

Inspector General office designated for 

receipt of information relating to a 

possible contractor violation of Federal 

criminal law or the civil False Claims 

Act. 

DATES: Effective Date: October 19, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–0328; 

facsimile 703–602–7887. Please cite 

DFARS Case 2009–D001. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 3.1003(b) of the Federal 

Acquisition Regulation requires that, if 

a contracting officer becomes aware of a 

possible contractor violation of Federal 

criminal law or the civil False Claims 

Act, the contracting officer must 

coordinate the matter with the agency 

Office of the Inspector General or must 

take action in accordance with agency 

procedures. This final rule adds text at 

DFARS 203.1003(b) to provide the 

address of the DoD Inspector General 

office designated to receive such 

information. In addition, the rule makes 

a correction to the address of the DoD 

Inspector General office shown at 

203.1004(b). 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

This rule will not have a significant 

cost or administrative impact on 

contractors or offerors, or a significant 

effect beyond the internal operating 

procedures of DoD. Therefore, 

publication for public comment under 

41 U.S.C. 418b is not required. 

However, DoD will consider comments 

from small entities concerning the 

affected DFARS subpart in accordance 

with 5 U.S.C. 610. Such comments 

should cite DFARS Case 2009–D001. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Part 203 

Government procurement. 

Amy G. Williams, 

Defense Federal Acquisition Regulations 

System. 

■ Therefore, 48 CFR Part 203 is 

amended as follows: 

PART 203—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 1. The authority citation for 48 CFR 

Part 203 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

■ 2. Section 203.1003 is added to read 

as follows: 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 53413 

203.1003 Requirements. 

(b) Notification of possible contractor 

violation. Upon notification of a 

possible contractor violation of the type 

described in FAR 3.1003(b), coordinate 

the matter with the following office: 

DoD Inspector General, Investigative 

Policy and Oversight, Contractor 

Disclosure Program, 400 Army Navy 

Drive, Suite 1037, Arlington, VA 22202– 

4704; Toll-Free Telephone: 866–429– 

8011. 

203.1004 [Amended] 

■ 3. Section 203.1004 is amended in 

paragraph (b)(2)(ii) by removing 

‘‘Washington, DC 22202–2884’’ and 

adding in its place ‘‘Arlington, VA 

22202–4704’’. 

[FR Doc. E9–25066 Filed 10–16–09; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

RIN 0750–AG33 

Defense Federal Acquisition 

Regulation Supplement; Restriction on 

Research and Development—Deletion 

of Obsolete Text (DFARS Case 2009– 

D005) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove obsolete text 

addressing a restriction on awards to 

foreign entities for DoD research and 

development. The restriction 

implemented a statutory provision that 

is no longer in effect. 

DATES: Effective Date: October 19, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–0328; 

facsimile 703–602–7887. Please cite 

DFARS Case 2009–D005. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule removes DFARS 

225.7016, Restriction on Research and 

Development, since the underlying 

statutory provision (Section 744 of the 

DoD Appropriations Act for Fiscal Year 

1973 (Pub. L. 92–570)) is no longer in 

effect. Section 744 of Public Law 92–570 

prohibited the use of DoD 

appropriations to make an award to any 

foreign corporation, organization, 

person, or entity, for research and 

development in connection with any 

weapon system or other military 

equipment, if a U.S. corporation, 

organization, person, or entity was 

equally competent and willing to 

perform at a lower cost. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

This rule will not have a significant 

cost or administrative impact on 

contractors or offerors, or a significant 

effect beyond the internal operating 

procedures of DoD. Therefore, 

publication for public comment under 

41 U.S.C. 418b is not required. 

However, DoD will consider comments 

from small entities concerning the 

affected DFARS subparts in accordance 

with 5 U.S.C. 610. Such comments 

should cite DFARS Case 2009–D005. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Amy G. Williams, 

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. 421 and 48 CFR 

Chapter 1. 

PART 225—FOREIGN ACQUISITION 

225.7016 [Removed] 

■ 2. Section 225.7016 is removed. 

225.7017, 225.7017–1, 225.7017–2, 

225.7017–3, and 225.7017–4 

[Redesignated] 

■ 3. Sections 225.7017, 225.7017–1, 

225.7017–2, 225.7017–3, and 225.7017– 

4 are redesignated as sections 225.7016, 

225.7016–1, 225.7016–2, 225.7016–3, 

and 225.7016–4 respectively. 

225.7016–3 [Amended] 

■ 4. Newly designated section 

225.7016–3 is amended in paragraph 

(b), in the second sentence, by removing 

‘‘225.7017–3’’ and adding in its place 

‘‘225.7016–3’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.225–7018 [Amended] 

■ 5. Section 252.225–7018 is amended 

in the introductory text by removing 

‘‘225.7017–4’’ and adding in its place 

‘‘225.7016–4’’. 

[FR Doc. E9–25067 Filed 10–16–09; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 172 and 174 

[RSPA Docket No. 2006–26322 (HM–206F)] 

RIN 2137–AE21 

Hazardous Materials: Revision of 

Requirements for Emergency 

Response Telephone Numbers 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: In this final rule, PHMSA is 

amending the Hazardous Materials 

Regulations to clarify requirements 

governing emergency response 

information services provided by 

arrangement with hazardous materials 

offerors (shippers). In order to preserve 

the effectiveness of these arrangements 

for providing accurate and timely 

emergency response information, 

PHMSA is requiring basic identifying 

information (offeror name or contract 

number) to be included on shipping 

papers. This information will enable the 

emergency response information 

provider to identify the offeror on 

whose behalf it is accepting 

responsibility for providing emergency 

response information in the event of a 

hazardous materials incident and obtain 

additional information about the 

hazardous material as needed. 

DATES: Effective Date: The effective date 

of this final rule is November 18, 2009. 

Voluntary Compliance Date: PHMSA 

is authorizing immediate voluntary 

compliance beginning November 18, 

2009. 

FOR FURTHER INFORMATION CONTACT: Joan 

McIntyre, Office of Hazardous Materials 


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