Federal Register / Vol. 71, No. 238 / Tuesday, December 12, 2006 / Rules and Regulations 74471 

List of Subjects in 48 CFR Parts 216 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 216 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 216 and 252 continues to read as 

follows: 

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

Chapter 1. 

PART 216—TYPES OF CONTRACTS 

■ 2. Section 216.601 is added to read as 

follows: 

216.601 Time-and-materials contracts. 

(e) Solicitation provisions. Use the 

provision at FAR 52.216–29, Time-andMaterials/Labor-Hour Proposal 

Requirements—Non-Commercial Item 

Acquisition with Adequate Price 

Competition, with 252.216–7002, 

Alternate A, in solicitations 

contemplating the use of a time-andmaterials or labor-hour contract type for 

non-commercial items if the price is 

expected to be based on adequate 

competition. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Section 252.216–7002 is added to 

read as follows: 

252.216–7002 Alternate A, Time-andMaterials/Labor-Hour Proposal 

Requirements—Non-Commercial Item 

Acquisition with Adequate Price 

Competition. 

As prescribed in 216.601(e), substitute 

the following paragraph (c) for 

paragraph (c) of the provision at FAR 

52.216–29: 

ALTERNATE A, TIME-ANDMATERIALS/LABOR-HOUR 

PROPOSAL REQUIREMENTS—NONCOMMERCIAL ITEM ACQUISITION 

WITH ADEQUATE PRICE 

COMPETITION (FEB. 2007) 

(c) The offeror must establish fixed 

hourly rates using separate rates for 

each category of labor to be performed 

by each subcontractor and for each 

category of labor to be performed by the 

offeror, and for each category of labor to 

be transferred between divisions, 

subsidiaries, or affiliates of the offeror 

under a common control. 

[FR Doc. 06–9602 Filed 12–6–06; 9:16 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 051128313–6029–02; I.D. 

120406C ] 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Commercial Quota Harvested for New 

York 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Closure of commercial fishery. 

SUMMARY: NMFS announces that the 

Atlantic bluefish commercial quota 

available to New York has been 

harvested. Vessels issued a commercial 

Federal fisheries permit for the Atlantic 

bluefish fishery may not land bluefish 

in New York for the remainder of 

calendar year 2006, unless additional 

quota becomes available through a 

transfer. Regulations governing the 

Atlantic bluefish fishery require 

publication of this notification to advise 

New York that the quota has been 

harvested and to advise vessel permit 

holders and dealer permit holders that 

no commercial quota is available for 

landing bluefish in New York. 

DATES: Effective 0001 hours, December 

12, 2006, through 2400 hours, December 

31, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Management 

Specialist, (978) 281–9341. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Atlantic 

bluefish fishery are found at 50 CFR part 

648. The regulations require annual 

specification of a commercial quota that 

is apportioned on a percentage basis 

among the coastal states from Florida 

through Maine. The process to set the 

annual commercial quota and the 

percent allocated to each state is 

described in § 648.160. 

The initial coast wide commercial 

quota for Atlantic bluefish for the 2006 

calendar year was set equal to 4,215,802 

lb (1,912 mt) (71 FR 9472, February 24, 

2006). The initial commercial quota was 

adjusted by transferring 3,865,294 lb 

(1,753 mt) from the recreational 

allocation, resulting in a total 

commercial quota of 8,081,096 lb (3,666 

mt). The percent allocated to vessels 

landing bluefish in New York is 10.3851 

percent, resulting in an initial 

commercial quota of 839,230 lb (380,672 

kg). The 2006 allocation was reduced to 

775,526 lb (351,773 kg) (71 FR 27977, 

May 15, 2006) due to research set-aside 

and a quota overage in 2005. New York 

received transfers of commercial 

bluefish quota from Virginia (71 FR 

42315, July 26, 2006) and Florida (71 FR 

51531, August 30, 2006), which resulted 

in a 2006 allocation of 1,025,526 lb 

(465,171 kg). 

Section 648.161(b) requires the 

Administrator, Northeast Region, NMFS 

(Regional Administrator) to monitor 

state commercial quotas and to 

determine when a state’s commercial 

quota has been harvested. NMFS then 

publishes a notification in the Federal 

Register to advise the state and to notify 

Federal vessel and dealer permit holders 

that, effective upon a specific date, the 

state’s commercial quota has been 

harvested and no commercial quota is 

available for landing bluefish in that 

state. The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that 

New York has harvested its quota for 

2006. 

The regulations at § 648.4(b) provide 

that Federal permit holders agree, as a 

condition of the permit, not to land 

bluefish in any state that the Regional 

Administrator has determined no longer 

has commercial quota available. 

Therefore, effective 0001 hours, 

December 12, 2006, further landings of 

bluefish in New York by vessels holding 

Atlantic bluefish commercial Federal 

fisheries permits are prohibited for the 

remainder of the 2006 calendar year, 

unless additional quota becomes 

available through a transfer and is 

announced in the Federal Register. 

Effective 0001 hours, December 12, 

2006, federally permitted dealers are 

also notified that they may not purchase 

bluefish from federally permitted 

vessels that land in New York for the 

remainder of the calendar year, or until 

additional quota becomes available 

through a transfer. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 5, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–9624 Filed 12–6–06; 3:08 pm] 

BILLING CODE 3510–22–S 


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