Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules 50011 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. 

A preliminary ‘‘Environmental 

Analysis Check List’’ is available in the 

docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether this rule 

should be categorically excluded from 

further environmental review. 

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 proposes to 

amend 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; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add temporary § 165.T05–079, to 

read as follows: 

§ 165.T05–079 Safety Zone; Yorktown Day 

Celebration Evening Fireworks, York River, 

Yorktown, VA. 

(a) Location. The following area is a 

safety zone: All waters on the York 

River, from surface to bottom, within 

1200 feet of the National Park Service 

Beach in Yorktown, VA. 

(b) Definitions. Designated 

representative means any U.S. Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port, Hampton Roads, 

Virginia to act on his behalf. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone, 

and the operators of any vessels in the 

immediate vicinity of this safety zone, 

must comply with all directions given to 

them by any commissioned, warrant or 

petty officer on shore or on board a 

vessel that is displaying a U.S. Coast 

Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads and the Sector Duty Officer at 

Sector Hampton Roads in Portsmouth, 

Virginia can be contacted at telephone 

number (757) 668–5555 or (757) 484–

8192. 

(4) The designated representatives 

enforcing the safety zone can be 

contacted on VHF–FM 13 and 16. 

(d) Effective date. This regulation is 

effective from 8 p.m. to 9 p.m. on 

October 19, 2006. 

Dated: August 11, 2006. 

Patrick B. Trapp, 

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

Port, Hampton Roads. 

[FR Doc. E6–14062 Filed 8–23–06; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 7, 12, and 39 

[FAR Case 2005–041; Docket 2006–0020; 

Sequence 7] 

RIN 9000–AK57 

Federal Acquisition Regulation; FAR 

Case 2005–041, Internet Protocol 

Version 6 (IPv6) 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

require Internet Protocol Version 6 

(IPv6) capable products be included in 

information technology procurements to 

the maximum extent practicable. 

DATES: Interested parties should submit 

written comments to the FAR 

Secretariat on or before October 23, 

2006 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2005–041 by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for this 

document at the ‘‘Federal Acquisition 

Regulation’’ agency and review the 

‘‘Document Title’’ column; click on the 

Document ID number. Click on ‘‘add 

comments’’. 

You may also search for any 

document using the ‘‘Advanced search/ 

document search’’ tab, selecting from 

the agency field ‘‘Federal Acquisition 

Regulation’’, and typing the FAR case 

number in the keyword field. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW, Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FAR case 2005–041 in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 


rmajette on PROD1PC67 with PROPOSALS
50012 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT For 

clarification of content, contact Ms. 

Cecelia Davis, Procurement Analyst, at 

(202) 219–0202. The TTY Federal Relay 

Number for further information is 1–

800–877–8973. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. Please cite FAR case 

2005–041. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The internet protocol is one of the 

primary mechanisms that define how 

and where information moves across 

networks, e.g., voice, video, and text. 

Currently Internet Protocol Version 4 

(IPv4) is the industry standard used and 

has about 4.3 billion address spaces. 

Key characteristics of IPv6 are designed 

to significantly increase internet address 

space, promote flexibility and 

functionality, and enhance security. 

Agencies can reduce costly upgrades 

and the complexity of transitioning to 

IPv6 by proactively integrating IPv6 

requirements into Federal contracts. 

On August 2, 2005, OMB issued a 

memo (Memorandum M–05–22, 

Transition Planning for Internet 

Protocol Version 6 (IPv6)) giving 

guidance to agencies to transition from 

IPv4 to IPv6, and required agencies to 

implement full use of IPv6 in network 

backbones by June 2008. OMB further 

requires, to the maximum extent 

practicable, all new IT procurements 

include IPv6 capable products and 

systems. Any exceptions to the use of 

IPv6 will require advance written 

approval from the agency CIO. 

This rule proposes amending the FAR 

by—

1. Adding a new paragraph (A)(2) in 

FAR 7.105 (b)(4)(ii) to ensure agency 

planners comply with the Internet 

Protocol Version 6 (IPv6) capability 

requirements as a part of acquisition 

planning; 

2. Adding paragraph (e) to FAR 

12.202 to state that requirements 

documents for information technology 

shall include Internet Protocol Version 

6 (IPv6) capable products and services; 

and 

3. Adding paragraph (e) to FAR 

39.101 to state when acquiring 

information technology, agencies shall 

include the appropriate requirements 

for Internet Protocol Version 6 (IPv6) 

capable products and services, and for 

agencies to establish procedures for 

granting exceptions. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The Councils do not expect this 

proposed rule to have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq., because IPv6 

requires use of commercially available 

products, and no new standards or 

testing is required. An Initial Regulatory 

Flexibility Analysis has, therefore, not 

been performed. We invite comments 

from small businesses and other 

interested parties. The Councils will 

consider comments from small entities 

concerning the affected FAR Parts 7, 12, 

and 39 in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (FAR case 2005–041), 

in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FAR do not impose 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 7, 12, 

and 39 

Government procurement. 

Dated: August 16, 2006. 

Ralph De Stefano, 

Director, Contract Policy Division. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR parts 7, 12, 

and 39 as set forth below: 

1. The authority citation for 48 CFR 

parts 7, 12, and 39 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

PART 7—ACQUISITION PLANNING 

2. Amend section 7.105 by revising 

paragraph (b)(4)(ii)(A) to read as 

follows: 

7.105 Contents of written acquisition 

plans. 

* * * * * 

(b) * * * 

(4) * * * 

(ii) * * * 

(A) For information technology 

acquisitions—

(1) How the capital planning and 

investment control requirements of 40 

U.S.C. 11312 and OMB Circular A–130 

will be met (see 7.103(t) and Part 39); 

and 

(2) How the acquisition will comply 

with the Internet Protocol Version 6 

(IPv6) capability requirements as 

outlined in OMB Memorandum M–05–

22, Transition Planning for Internet 

Protocol Version 6 (IPv6), and 

additional requirements for IPv6 at 

http://www.cio.gov. 

* * * * * 

PART 12—ACQUISITION OF 

COMMERCIAL ITEMS 

3. Amend section 12.202 by adding 

paragraph (e) to read as follows: 

12.202 Market research and description of 

agency need. 

* * * * * 

(e) Requirements documents for 

information technology solutions must 

include Internet Protocol Version 6 

(IPv6) capability as outlined in the OMB 

Memorandum M–05–22, Transition 

Planning for Internet Protocol Version 6 

(IPv6), and additional requirements for 

IPv6 at http://www.whitehouse.gov/ 

omb/memoranda/fy2005/m05-22.pdf. 

PART 39—ACQUISITION OF 

INFORMATION TECHNOLOGY 

4. Amend section 39.101 by adding 

paragraph (e) to read as follows: 

39.101 Policy. 

* * * * * 

(e) In acquiring information 

technology solutions, agencies must 

include the appropriate Internet 

Protocol Version 6 (IPv6) capability 

requirements as outlined in the OMB 

Memorandum M–05–22, Transition 

Planning for Internet Protocol Version 6 

(IPv6). Agencies must establish 

procedures for exceptions. 

[FR Doc. 06–7126 Filed 8–23–06; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 060731206–6206–01; I.D. 

072806A] 

RIN 0648–AS67 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Amendment 26 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 


rmajette on PROD1PC67 with PROPOSALS