42316 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations 

A. Background 

DoD published an interim rule at 72 

FR 2637 on January 22, 2007, to 

implement Section 833(b) of the 

National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163). 

Section 833(b) amended 10 U.S.C. 2533a 

(the Berry Amendment) to expand the 

foreign source restrictions applicable to 

the acquisition of clothing to also 

include clothing materials and 

components, other than sensors, 

electronics, or other items added to, and 

not normally associated with, clothing 

and the materials and components 

thereof. 

DoD received no comments on the 

interim rule. Therefore, DoD has 

adopted the interim rule as a final rule 

without change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD has prepared a final regulatory 

flexibility analysis consistent with 5 

U.S.C. 604. A copy of the analysis may 

be obtained from the point of contact 

specified herein. The analysis is 

summarized as follows: 

The objective of the rule is to provide 

for the acquisition of clothing, and 

clothing materials and components, 

from domestic sources in accordance 

with statutory requirements. The rule 

applies to entities interested in 

receiving DoD contracts or subcontracts 

for the acquisition of clothing. Based on 

data collected through the DoD contract 

action reporting system, DoD awarded 

6,072 contract actions relating to the 

acquisition of clothing items during 

fiscal year 2005. These actions had a 

total dollar value of $1.868 billion and 

involved 1,110 contractors. Of these 

actions, 4,087 totaling $.81 billion 

involved 906 contractors that were 

small business concerns. This rule may 

have a positive impact on small 

businesses that manufacture clothing 

materials and components, by reducing 

foreign competition. However, the rule 

could have a negative impact on small 

businesses that have been using foreign 

components in the manufacture of 

clothing products. 

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. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR Parts 225 and 252, 

which was published at 72 FR 2637 on 

January 22, 2007, is adopted as a final 

rule without change. 

[FR Doc. E7–14898 Filed 8–1–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 0612242956–7411–02] 

RIN 0648–AT18 

Establishment of Marine Reserves and 

a Marine Conservation Area Within the 

Channel Islands National Marine 

Sanctuary; Correction 

AGENCY: National Marine Sanctuary 

Program (NMSP), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Final rule; correction. 

SUMMARY: NOAA published a final rule 

on May 24, 2007 that established marine 

reserves and a marine conservation area 

in the Channel Islands Natioal Marine 

Sanctuary. That document contained a 

few clerical and printing errors. This 

document corrects and clarifies those 

three errors. 

DATES: Pursuant to section 304(b) of the 

National Marine Sanctuaries Act, the 

final rule published on May 24, 2007 

and the revised terms of designation 

shall take effect and become final after 

the close of a review period of 45 days 

of continuous session of Congress, that 

began on May 24, 2007. This correction 

only makes three non-substantive 

corrections and clarifications to that 

rule and does not change the calculation 

of the effective date. Announcement of 

the effective date of the final rule will 

be published in the Federal Register at 

a later date. 

FOR FURTHER INFORMATION CONTACT: 

Sean Hastings, (805) 884–1472; e-mail: 

Sean.Hastings@noaa.gov. 

SUPPLEMENTARY INFORMATION: NOAA 

published a document in the Federal 

Register on May 24, 2007 (72 FR 29208) 

establishing marine reserves and a 

marine conservation area in the Channel 

Islands National Marine Sanctuary. 

There was a printing error that requires 

clarification and two clerical errors that 

are being corrected by this document as 

described below. 

Clarification of Changes to the 

Designation Document 

The printing error affected the way in 

which the changes to the original 

designation document were portrayed to 

the reader. They did not, however, affect 

the substance of the actual revision. The 

following clarifies for the reader the 

changes that were made to the 

designation document by the May 24, 

2007 Federal Register notice. In this 

notice, certain conventions have been 

used to highlight the revisions that were 

made via the preamble to the May 24, 

2007 rule. New language is shown 

inside boldfaced arrows while language 

that was deleted is set off with boldfaced brackets: 

Beginning of Revised Designation 

Document 

Preamble 

Under the authority of the Marine 

Protection, Research and Sanctuaries 

Act of 1972, Pub. L. 92–532, (the Act) 

the waters surrounding the northern 

Channel Islands and Santa Barbara 

Island are hereby designated a Marine 

Sanctuary for the purposes of preserving 

and protecting this unique and fragile 

ecological community. 

Article 1. Effect of Designation 

Within the area designated as the 

Channel Islands National Marine 

Sanctuary (the Sanctuary), described in 

Article 2, the Act authorizes the 

promulgation of such regulations as are 

reasonable and necessary to protect the 

values of the Sanctuary. Article 4 of this 

Designation lists those activities which 

may require regulation, but the listing of 

any activity does not by itself prohibit 

or restrict it. Restrictions or prohibitions 

may be accomplished only through 

regulation, and additional activities may 

be regulated only by amending Article 

4. 

Article 2. Description of the Area 

The Sanctuary consists of an area of 

the waters off the coast of California, of 

approximately [1252.5] >1,128< square 

nautical miles [(nm)] >(nmi)< adjacent 

to the northern Channel Islands and 

Santa Barbara Island seaward to a 

distance of [6nm] >approximately 6 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations 42317 

nmi<. The precise boundaries are 

defined by regulation. 

Article 3. Characteristics of the Area 

That Give it Particular Value 

The Sanctuary is located in an area of 

upwelling and in a transition zone 

between the cold waters of the 

California Current and the warmer 

Southern California Countercurrent. 

Consequently, the Sanctuary contains 

an exceptionally rich and diverse biota, 

including 30 species of marine 

mammals and several endangered 

species of marine mammals and sea 

birds. The Sanctuary will provide 

recreational experiences and scientific 

research opportunities and generally 

will have special value as an ecological, 

recreational, and esthetic resource. 

Article 4. Scope of Regulation 

Section 1. Activities Subject to 

Regulation 

In order to protect the distinctive 

values of the Sanctuary, the following 

activities may be regulated within the 

Sanctuary to the extent necessary to 

ensure the protection and preservation 

of its marine features and the ecological, 

recreational, and esthetic value of the 

area: 

a. Hydrocarbon operations 

b. Discharging or depositing any 

substance 

c. Dredging or alteration of, or 

construction on, the seabed 

d. Navigation of vessels except fishing 

vessels or vessels [travelling] 

>traveling< within a Vessel Traffic 

Separation Scheme or Port Access Route 

designated by the Coast Guard outside 

of 1 nmi from any island 

e. Disturbing marine mammals or 

birds by overflights below 1000 feet 

f. Removing or otherwise deliberately 

harming cultural or historical resources 

>g. Within a marine reserve, marine 

park, or marine conservation area, 

harvesting, removing, taking, injuring, 

destroying, possessing, collecting, 

moving, or causing the loss of any 

Sanctuary resource, including living or 

dead organisms or historical resources, 

or attempting any of these activities 

h. Within a marine reserve, marine 

park, or marine conservation area, 

possessing fishing gear< 

Section 2. Consistency With 

International Law 

The regulations governing the 

activities listed in Section 1 of this 

article will apply to foreign flag vessels 

and persons not citizens of the United 

States only to the extent consistent with 

recognized principles of international 

law including treaties and international 

agreements to which the United States 

is signatory. 

Section 3. Emergency Regulations 

Where essential to prevent immediate, 

serious and irreversible damage to the 

ecosystem of the area, activities other 

than those listed in Section 1 may be 

regulated within the limits of the Act on 

an emergency basis for an interim 

period not to exceed 120 days, during 

which an appropriate amendment of 

this article would be proposed in 

accordance with the procedures 

specified in Article 6. 

Article 5. Relation to Other Regulatory 

Programs 

Section 1. Fishing 

The regulation of fishing is not 

authorized under Article 4>, except 

within portions of the Sanctuary 

designated as marine reserves, marine 

parks, or marine conservation areas 

established pursuant to the goals and 

objectives of the Sanctuary and within 

the scope of the State of California’s 

Final Environmental Document ‘‘Marine 

Protected Areas in NOAA’s Channel 

Islands National Marine Sanctuary’’

(California Department of Fish and 

Game, October 2002), certified by the 

California Fish and Game Commission<. 

However, fishing vessels may be 

regulated with respect to discharges in 

accordance with Article 4, Section 1, 

paragraph (b) and aircraft conducting 

kelp bed surveys below 1000 feet can be 

regulated in accordance with Article 4, 

Section 1, paragraph (e). All regulatory 

programs pertaining to fishing, 

including particularly regulations 

promulgated under the California Fish 

and Game Code and Fishery 

Management Plans promulgated under 

the Fishery Conservation and 

Management Act of 1976, 16 U.S.C. 

1801 et seq., shall remain in effect. All 

permits, licenses and other 

authorizations issued pursuant thereto 

shall be valid within the Sanctuary 

unless authorizing any activity 

prohibited by any regulation 

implementing Article 4. Fishing as used 

in this article and in Article 4 includes 

kelp harvesting. 

Section 2. Defense Activities 

The regulation of those activities 

listed in Article 4 shall not prohibit any 

activity conducted by the Department of 

Defense that is essential for national 

defense or because of emergency. Such 

activities shall be consistent with the 

regulations to the maximum extent 

practicable. 

Section 3. Other Programs 

All applicable regulatory programs 

shall remain in effect and all permits, 

licenses and other authorizations issued 

pursuant thereto shall be valid within 

the Sanctuary unless authorizing any 

activity prohibited by any regulation 

implementing Article 4. The Sanctuary 

regulations shall set forth any necessary 

certification procedures. 

Article 6. Alterations to This 

Designation 

This Designation can be altered only 

in accordance with the same procedures 

by which it has been made, including 

public hearings, consultation with 

interested federal and state agencies and 

the Pacific Regional Fishery 

Management Council, and approval by 

the President of the United States. 

End of Revised Designation Document 

Corrections 

In FR Doc. E7–10096 (published on 

May 24, 2007) make the following 

corrections: 

■ 1. Amend instruction number eight 

(page 29233) to read: ‘‘Add Appendix B 

and Appendix C to subpart G to read as 

follows:’’

■ 2. Amend the heading for Appendix C 

to read: ‘‘Appendix C to Subpart G of 

Part 922—Marine Conservation Area 

Boundary’’

Dated: July 26, 2007. 

Elizabeth R. Scheffler, 

Chief Financial Officer, Chief Administrator 

Officer, National Ocean Service. 

[FR Doc. 07–3754 Filed 8–1–07; 8:45 am] 

BILLING CODE 3510–NK–M 


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