Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 11775 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendment 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making a technical 

amendment to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide needed editorial 

changes. 

DATES: Effective Date: February 28, 

2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ynette Shelkin, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), Room 3B855, 3060 

Defense Pentagon, Washington, DC 

20301–3060. Telephone 703–602–8384; 

facsimile 703–602–7887. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS as follows: 

Æ 252.215–7002 Adds the words 

‘‘compliance with’’ at paragraph 

(d)(4)(xii) for clarity. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR Part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

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

chapter 1. 

252.215–7002 [Amended] 

■ 2. Section 252.215–7002 is amended 

by removing ‘‘including verification of 

the company’s estimating and budgeting 

policies’’ and adding ‘‘including 

verification of compliance with the 

company’s estimating and budgeting 

policies’’ in its place. 

[FR Doc. 2012–4625 Filed 2–27–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XA990 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

sector for vermilion snapper in the 

exclusive economic zone (EEZ) of the 

South Atlantic. This closure is 

necessary to protect the vermilion 

snapper resource. 

DATES: This rule is effective 12:01 a.m., 

local time, February 29, 2012, until 

12:01 a.m., local time, July 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone: 727–824– 

5305, email: 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act by 

regulations at 50 CFR part 622. 

The commercial quota for vermilion 

snapper in the South Atlantic is 315,523 

lb (143,119 kg) for the current fishing 

period, January 1 through June 30, 2012, 

as specified in 50 CFR 622.42(e)(4)(i). 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial sector 

for vermilion snapper when its quota 

has been reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. NMFS has determined that the 

commercial quota for South Atlantic 

vermilion snapper will have been 

reached by February 29, 2012. 

Accordingly, the commercial sector for 

South Atlantic vermilion snapper is 

closed effective 12:01 a.m., local time, 

February 29, 2012, until 12:01 a.m., 

local time, July 1, 2012. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having 

vermilion snapper onboard must have 

landed and bartered, traded, or sold 

such vermilion snapper prior to 12:01 

a.m., local time, February 29, 2012. 

During the closure, the bag limit 

specified in 50 CFR 622.39(d)(1)(v), 

applies to all harvest or possession of 

vermilion snapper in or from the South 

Atlantic EEZ, including the bag limit 

that may be retained by the captain or 

crew of a vessel operating as a charter 

vessel or headboat. The bag limit for 

such captain and crew is zero. During 

the closure, the possession limits 

specified in 50 CFR 622.39(d)(2) applies 

to all harvest or possession of vermilion 

snapper in or from the South Atlantic 

EEZ. During the closure, the sale or 

purchase of vermilion snapper taken 

from the EEZ is prohibited. The 

prohibition on sale or purchase does not 

apply to the sale or purchase of 

vermilion snapper that were harvested, 

landed ashore, and sold prior to 12:01 

a.m., local time, February 29, 2012, and 

were held in cold storage by a dealer or 

processor. For a person on board a 

vessel for which a Federal commercial 

or charter vessel/headboat permit for the 

South Atlantic snapper-grouper fishery 

has been issued, the sale and purchase 

provisions of the commercial closure for 

vermilion snapper would apply 

regardless of whether the fish are 

harvested in state or Federal waters, as 

specified in 50 CFR 622.43(a)(5)(ii). 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds that the need to immediately 

implement this action to close the 

commercial sector for vermilion snapper 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. Such procedures 

would be unnecessary because the rule 

itself has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action to 

protect vermilion snapper since the 

capacity of the fishing fleet allows for 

rapid harvest of the quota. Prior notice 

and opportunity for public comment 

would require time and would 

potentially result in a harvest well in 

excess of the established quota. 


erowe on DSK2VPTVN1PROD with RULES