48800 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations 

Superfund Site from the National 

Priorities List. 

SUMMARY: On June 23, 2006, the United 

States Environmental Protection Agency 

(EPA) Region 6, published a direct final 

deletion (71 FR 36015) to delete the Brio 

Refining, Inc. Superfund Site (Site), 

located in Friendswood, Texas, from the 

National Priorities List (NPL). The EPA 

is withdrawing this final action due to 

an adverse comment received during the 

public comment period. After 

consideration of the comment received, 

if appropriate, EPA will publish a notice 

of deletion in the Federal Register based 

on the parallel notice of proposed 

deletion (71 FR 36015) dated June 23, 

2006 and place a copy of the final 

deletion package, including a 

Responsiveness Summary in the Site 

repositories. 

DATES: The direct final action published 

on June 23, 2006, at 71 FR 36015, is 

withdrawn as of August 22, 2006. 

ADDRESSES: Comprehensive information 

on the Site, as well as the comment 

received during the comment period is 

available through the public docket 

contained at: U.S. EPA Region 6 Library, 

7th Floor, 1445 Ross Avenue, Suite 

1200, Dallas, Texas 75202–2733, (214) 

665–6424, Monday through Friday 9 

a.m. to 12 p.m. and 1 p.m. to 4 p.m. 

FOR FURTHER INFORMATION CONTACT: John 

C. Meyer, Remedial Project Manager 

(RPM), U.S. EPA Region 6 (6SF–LP), 

1445 Ross Avenue, Dallas, TX 75202–

2733, (214) 665–6742 or 1–800–533–

3508 (meyer.john@epa.gov). 

SUPPLEMENTARY INFORMATION: 

Comprehensive information about the 

Site is available for viewing and copying 

at the Site information repositories 

located at: U.S. EPA Region 6 Library, 

7th Floor, 1445 Ross Avenue, Suite 

1200, Dallas, Texas 75202–2733, (214) 

665–6424, Monday through Friday 9 

a.m. to 12 p.m. and 1 p.m. to 4 p.m.; San 

Jacinto College, South Campus Library, 

13735 Beamer Road, Houston, Texas, 

77089, (281) 992–3416, Monday through 

Thursday 8 a.m. to 9 p.m.; Friday 8 a.m. 

to 3 p.m.; Saturday 10 a.m. to 1 p.m.; 

Texas Commission on Environmental 

Quality (TCEQ), Central File Room 

Customer Service Center, Building E, 

12100 Park 35 Circle, Austin, Texas, 

78753, (512) 239–2900, Monday through 

Friday 8 a.m. to 5 p.m. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

Waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and record keeping 

requirements, Superfund, Water 

Pollution control, and Water supply. 

Dated: August 11, 2006. 

Richard E. Greene, 

Regional Administrator, Region 6. 

[FR Doc. E6–13858 Filed 8–21–06; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

48 CFR Parts 3001, 3002, 3003, 3006, 

3011, 3016, 3017, 3022, 3023, 3024, 

3027, 3028, 3031, 3035, 3042, 3052, and 

3053. 

RIN 1601–AA16 

Revision of Department of Homeland 

Security Acquisition Regulation; 

Technical Amendments. 

AGENCY: Department of Homeland 

Security. 

ACTION: Final rule. 

SUMMARY: This document makes 

amendments to the Department of 

Homeland Security Acquisition 

Regulation (HSAR) to delete any 

reference to the term ‘‘Organizational 

Elements’’, and to use instead, the term, 

‘‘Components’’ in accordance with 

internal Department of Homeland 

Security (DHS) changes. These changes 

are technical amendments and make no 

substantive changes to the regulation. 

DATES: This rule is effective on August 

22, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Strouss, Office of the Chief 

Procurement Officer, Department of 

Homeland Security: (202) 447–5300. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Homeland 

Security recently updated the 

organizational structure nomenclatures 

by revising the term ‘‘Organizational 

Element’’ and replacing it with 

‘‘Component’’. This is an internal 

Department organizational change not 

requiring public comment. This 

technical amendment addresses the 

change in nomenclature for the HSAR 

published as an Interim rule, (68 FR 

67867), and the Final rule (71 FR 25759) 

by including the present terminology for 

the Department. In addition, there are a 

few other minor editorial corrections to 

the HSAR. 

List of Subjects in 48 CFR Parts 3001, 

3002, 3003, 3006, 3011, 3016, 3017, 

3022, 3023, 3024, 3027, 3028, 3031, 

3035, 3042, 3052, and 3053 

Government procurement. 

Dated: August 11, 2006. 

Elaine C. Duke, 

Chief Procurement Officer. 

■ Accordingly, DHS amends 48 CFR 

3001, 3002, 3003, 3006, 3011, 3016, 

3017, 3022, 3023, 3024, 3027, 3028, 

3031, 3035, 3042, 3052, and 3053 as 

follows: 

■ 1. The authority citation for 48 CFR 

parts 3001, 3002, 3003, 3006, 3011, 

3016, 3017, 3022, 3023, 3024, 3027, 

3028, 3031, 3035, 3042, 3052, and 3053 

continues to read as follows: 

Authority: 41 U.S.C. 418b(a) and (b). 

PART 3001—FEDERAL ACQUISITION 

REGULATION SYSTEM 

■ 2. Amend § 3001.105–2 by revising 

paragraph (a) to read as follows: 

3001.105–2 Arrangement of regulations. 

(a) General. The HSAR, which 

encompasses both Department-wide and 

Component-unique guidance, conforms 

to the arrangement and numbering 

system prescribed by (FAR) 48 CFR 

1.105–2. Guidance that is unique to a 

Component contains the organization’s 

acronym or abbreviation directly 

following the title. The following 

acronyms apply: 

Bureau of Customs and Border 

Protection (CBP); 

Bureau of Immigration and Customs 

Enforcement (ICE); 

DHS Office of Procurement Operations 

(OPO); 

Federal Emergency and Management 

Agency (FEMA) (includes all 

elements of the Emergency 

Preparedness and Response 

Directorate); 

Federal Law Enforcement Training 

Center (FLETC); 

Transportation Security Administration 

(TSA); 

U.S. Coast Guard (USCG); and 

U.S. Secret Service (USSS). 

3001.301 [Amended] 

■ 3. Amend § 3001.301 as follows: 

■ a. In paragraph (a)(1) in the third 

sentence by removing ‘‘Organizational 

Element (OE)’’ and adding 

‘‘Component’’ in its place. 

■ b. In paragraph (a)(2)(i) in the last 

sentence by removing ‘‘OE’’ and adding 

‘‘Component’’ in its place. 

3001.301–70 [Amended] 

■ 4. Amend § 3001.301–70(b) 

introductory text in the first sentence by 

removing ‘‘OEs’’ and adding 

‘‘Components’’ in its place. 

3001.303 [Amended] 

■ 5. Amend § 3001.303 as follows: 

■ a. In paragraph (a)(5) in the first 

sentence by removing ‘‘Organizational 


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Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations 48801 

Element’’ and adding ‘‘Component’’ in 

its place. 

■ b. In paragraph (a)(7) in the first 

sentence by removing ‘‘OE’’ and adding 

‘‘Component’’ in its place. 

3001.304 [Amended] 

■ 6. Amend § 3001.304 by revising 

paragraph (a) to read as follows: 

3001.304 Agency control and compliance 

procedures. 

(a) The HSAR is under the direct 

oversight and control of the Homeland 

Security, Office of the Chief 

Procurement Officer (OCPO), which is 

responsible for evaluation, review, and 

issuance of all Department-wide 

acquisition regulations and guidance. 

Each HCA may supplement the HSAR 

with Component guidance. 

Supplementation should be kept to a 

minimum. Components proposing to 

issue regulatory supplements or use 

solicitation or contract clauses on a 

repetitive basis must obtain legal review 

by the Component’s legal counsel and 

forward supplements to the CPO for 

concurrence prior to publication in the 

Federal Register. 

* * * * * 

3001.403 [Amended] 

■ 7–8. Amend § 3001.403 by removing 

the words ‘‘(HSAR) 48 CFR 

3001.7000(a)’’ and adding in their place 

the words ‘‘(HSAR) 48 CFR 3001.7000.’’

PART 3002—DEFINITIONS OF WORDS 

AND TERMS 

3002.101 [Amended] 

■ 9. Amend § 3002.101 by revising the 

definition for ‘‘Chief of the Contracting 

Office (COCO)’’, ‘‘Contracting activity’’, 

‘‘Head of the Contracting Activity’’, and 

‘‘Head of the Agency’’, removing 

‘‘Organizational Element (OE)’’, and 

adding ‘‘Component’’ and ‘‘Legal 

Counsel’’, to read as follows: 

3002.101 Definitions. 

* * * * * 

Chief of the Contracting Office 

(COCO) means the individual(s) 

responsible for managing the 

contracting office(s) within a 

Component. 

* * * * * 

Component means the following 

entities for purposes of this chapter: 

(1) Bureau of Customs and Border 

Protection (CBP); 

(2) Bureau of Immigration and 

Customs Enforcement (ICE); 

(3) DHS Office of Procurement 

Operations (OPO); 

(4) Federal Emergency Management 

Agency (FEMA) (Includes all elements 

of the Emergency Preparedness and 

Response Directorate); 

(5) Federal Law Enforcement Training 

Center (FLETC); 

(6) Transportation Security 

Administration (TSA); (TSA is exempt 

from the HSAR and HSAM according to 

the ‘‘Aviation and Transportation 

Security Act of 2001’’); 

(7) U.S. Coast Guard (USCG); and 

(8) U.S. Secret Service (USSS). 

Contracting activity includes all the 

contracting offices within a Component 

and is the same as the term ‘‘procuring 

activity.’’

* * * * * 

Head of the Agency means the 

Secretary of the Department of 

Homeland Security, or, by delegation, 

the Under Secretary of Management. 

Head of the Contracting Activity 

(HCA) means the individual responsible 

for direct management of the entire 

acquisition function within a 

Component. 

Legal counsel means the Department 

of Homeland Security Office of General 

Counsel or Component office providing 

legal services to the contracting 

organization. 

* * * * * 

3002.270 [Amended] 

■ 10. Amend § 3002.270 by removing 

‘‘OE Organizational Element.’’

PART 3003—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

3003.203 [Amended] 

■ 11. Amend § 3003.203(b) in the 

second sentence by removing ‘‘OE’’ and 

adding ‘‘the Component’’ in its place. 

PART 3006—COMPETITION 

REQUIREMENTS 

3006.101–70 [Amended] 

■ 12. In § 3006.101–70 amend the 

definition for ‘‘Competition advocate for 

the procuring activity’’ by removing 

‘‘Organization Element (OE)’’ and 

adding ‘‘Component’’ in its place. 

PART 3011—Describing Agency Needs 

3011.602 [Amended] 

■ 13. Amend § 3011.602(c) introductory 

text by removing ‘‘OEs’’ and adding 

‘‘Components’’ in its place. 

PART 3016—TYPES OF CONTRACTS 

3016.505 [Amended] 

■ 14. Amend § 3016.505 by removing 

‘‘OE’’ and adding ‘‘Component’’ in its 

place in paragraphs (b)(5), (b)(5)(i), and 

(ii). 

PART 3017—SPECIAL CONTRACTING 

METHODS 

■ 15. Amend § 3017.402 by removing 

the words ‘‘(HSAR) 48 CFR 

3001.7000(a)’’ and adding in their place 

the words ‘‘(HSAR) 48 CFR 3001.7000.’’

PART 3022—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

3022.101–70 [Amended] 

■ 16. Amend § 3022.101–70 as follows: 

■ a. In paragraph (a) in the first sentence 

by removing ‘‘Organizational Elements’’

and adding ‘‘Components’’ in its place. 

■ b. In paragraph (b) in the first sentence 

by removing ‘‘OE’’ and adding 

‘‘Component’’ in its place. 

PART 3023—ENVIRONMENT, 

CONSERVATION, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

3023.501 [Amended] 

■ 17. Amend § 3023.501(d) by removing 

‘‘Organizational Element’’ and adding 

‘‘Component’’ in its place. 

3023.506 [Amended] 

■ 18. Amend § 3023.506(e) by removing 

the words ‘‘(HSAR) 48 CFR 

3001.7000(b)’’ and adding in their place 

the words ‘‘(HSAR) 48 CFR 3001.7000.’’

PART 3024—PROTECTION OF 

INDIVIDUAL PRIVACY 

3024.203 [Amended] 

■ 19. Amend § 3024.203(a) in the 

second sentence by removing 

‘‘Organizational Element’’ and adding 

‘‘Component’’ in its place. 

PART 3027—Patents, Data and 

Copyrights 

3027.205 [Amended] 

■ 20. Amend § 3027.205(a) in the first 

sentence by removing ‘‘OE’’ and adding 

‘‘Component’’ in its place. 

PART 3028—BONDS AND INSURANCE 

3028.106–6 [Amended] 

■ 21. Amend § 3028.106–6(c) in the 

second sentence by removing ‘‘OE’’ and 

adding ‘‘Component’’ in its place. 

PART 3031—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

3031.205–32 [Amended] 

■ 22. Amend § 3031.205–32(a) by 

removing the words ‘‘(HSAR) 48 CFR 

3032.205–32(b)’’ and adding in their 

place the words ‘‘(HSAR) 48 CFR 

3031.205–32(b).’’


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48802 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations 

PART 3035—RESEARCH AND 

DEVELOPMENT CONTRACTING 

3035.003 [Amended] 

■ 23. Amend § 3035.003(b) in the last 

sentence by removing ‘‘OEs’’ and adding 

‘‘Components’’ in its place. 

3035.017 [Amended] 

■ 24. Amend § 3035.017(a) in the last 

sentence by removing ‘‘OEs’’ and adding 

‘‘Components’’ in its place. 

PART 3042—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

3042.1502 [Amended] 

■ 25. Amend § 3042.1502(a) by 

removing ‘‘OEs’’ and adding 

‘‘Components’’ in its place. 

PART 3052—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

3052.101 [Amended] 

■ 26. Amend § 3052.101 as follows: 

■ a. In paragraph (b)(2)(i)(A), in the 

second sentence, by removing ‘‘OEs’’

and adding ‘‘Components’’ in its place. 

■ b. In paragraph (b)(2)(i)(B), in the first 

sentence, by removing ‘‘OE’’ and adding 

‘‘Component’’ in its place. 

3052.204–70 [Amended] 

■ 27. Amend § 3052.204–70(d) in the 

last sentence by removing 

‘‘Organizational elements’’ and adding 

‘‘Components’’ in its place. 

3052.204–71 [Amended] 

■ 28. Amend § 3052.204–71, 

ALTERNATE I as follows: 

■ a. In paragraph (i) in the first sentence 

by removing ‘‘OE’’ and adding 

‘‘Component’’ in its place. 

■ b. In paragraph (k) in the first sentence 

by removing ‘‘Organizational Element’’

and adding ‘‘Component’’ in its place. 

PART 3053—FORMS 

3053.101 [Amended] 

■ 29. Amend § 3053.101 by removing 

‘‘OEs’’ and adding ‘‘Components’’ in its 

place. 

[FR Doc. 06–7035 Filed 8–21–06; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

Migratory Bird Hunting 

CFR Correction 

In Title 50 of the Code of Federal 

Regulations, parts 18 to 199, revised as 

of October 1, 2005, on page 36, § 20.21 

is corrected by reinstating paragraphs 

(j)(2) and (3) to read as follows: 

§ 20.21 What hunting methods are illegal? 

* * * * * 

(j) * * * 

(2) Each approved shot type must 

contain less than 1 percent residual lead 

(see § 20.134). 

(3) This shot type restriction applies 

to the taking of ducks, geese (including 

brant), swans, coots (Fulica americana), 

and any other species that make up 

aggregate bag limits with these 

migratory game birds during concurrent 

seasons in areas described in § 20.108 as 

nontoxic shot zones. 

[FR Doc. 06–55526 Filed 8–21–06; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 060330090–6212–02, I.D. 

021506B] 

RIN 0648–AU19 

List of Fisheries for 2006 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) is publishing 

its final List of Fisheries (LOF) for 2006, 

as required by the Marine Mammal 

Protection Act (MMPA). The final LOF 

for 2006 reflects new information on 

interactions between commercial 

fisheries and marine mammals. NMFS 

must categorize each commercial fishery 

on the LOF into one of three categories 

under the MMPA based upon the level 

of serious injury and mortality of marine 

mammals that occurs incidental to each 

fishery. The categorization of a fishery 

in the LOF determines whether 

participants in that fishery are subject to 

certain provisions of the MMPA, such as 

registration, observer coverage, and take 

reduction plan requirements. 

DATES: This final rule is effective 

September 21, 2006. 

The California sardine purse seine 

fishery, the Chesapeake Bay inshore 

gillnet fishery, and the Mid-Atlantic 

menhaden purse seine fishery are 

considered to be Category II fisheries on 

September 21, 2006, and are required to 

comply with all requirements of 

Category II fisheries (i.e., complying 

with applicable registration 

requirements, complying with 

applicable take reduction plan 

requirements, and carrying observers, if 

requested) on that date. 

ADDRESSES: See SUPPLEMENTARY

INFORMATION for a listing of all Regional 

offices. 

For collection-of-information 

requirements subject to the Paperwork 

Reduction Act, please contact the Office 

of Management and Budget, Attn: David 

Rostker, fax: 202–395–7285 or 

DavidlRostker@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Andersen, Office of Protected 

Resources, 301–713–2322; David 

Gouveia, Northeast Region, 978–281–

9328; Vicki Cornish, Southeast Region, 

727–824–5312; Christina Fahy, 

Southwest Region, 562–980–4023; Brent 

Norberg, Northwest Region, 206–526–

6733; Bridget Mansfield, Alaska Region, 

907–586–7642; Lisa Van Atta, Pacific 

Islands Region, 808–973–2937. 

Individuals who use a 

telecommunications device for the 

hearing impaired may call the Federal 

Information Relay Service at 1–800–

877–8339 between 8 a.m. and 4 p.m. 

Eastern time, Monday through Friday, 

excluding Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Availability of Published Materials 

Information regarding the LOF and 

the Marine Mammal Authorization 

Program, including registration 

procedures and forms, current and past 

LOFs, observer requirements, and 

marine mammal injury/mortality 

reporting forms and submittal 

procedures, may be obtained at: http:// 

www.nmfs.noaa.gov/pr/interactions/ 

mmap, or from any NMFS Regional 

Office at the addresses listed below. 

NMFS, Northeast Region, One 

Blackburn Drive, Gloucester, MA 

01930–2298, Attn: Marcia Hobbs; 

NMFS, Southeast Region, 263 13th 

Avenue South, St. Petersburg, FL 33701, 

Attn: Teletha Mincey; 

NMFS, Southwest Region, 501 W. 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213, Attn: Lyle Enriquez; 


jlentini on PROD1PC65 with RULES