Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 20765 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225, 232, and 252 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to reinstate text that was 

inadvertently omitted from a previous 

amendment and to update references 

within the DFARS text. 

EFFECTIVE DATE: April 26, 2007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Michele Peterson, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3C132, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0311; 

facsimile (703) 602–0350. 

SUPPLEMENTARY INFORMATION: This final 

rule amends DFARS text as follows: 

Æ Section 225.7002–2. Reinstates 

paragraphs (b)(1) through (5), which 

were inadvertently omitted from the 

interim rule published at 71 FR 58536 

on October 4, 2006. These paragraphs 

appeared in section 225.7002–2 prior to 

the October 4, 2006, publication. 

Paragraph (b)(5) contains an update to a 

reference to corresponding text in the 

DFARS companion resource, 

Procedures, Guidance, and Information 

(PGI). 

Æ Section 232.070. Corrects a 

typographical error in a cross-reference. 

Æ Section 252.212–7001. Updates a 

reference to a contract clause to reflect 

the current clause date. 

List of Subjects in 48 CFR Parts 225, 

232, and 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 225, 232, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225, 232, and 252 continues to 

read as follows: 

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

Chapter 1. 

PART 225—FOREIGN ACQUISITION 

■ 2. Section 225.7002–2 is amended by 

adding paragraphs (b)(1) through (5) to 

read as follows: 

225.7002–2 Exceptions. 

* * * * * 

(b) * * * 

(1) The following officials are 

authorized, without power of 

redelegation, to make such a domestic 

nonavailability determination: 

(i) The Under Secretary of Defense 

(Acquisition, Technology, and 

Logistics). 

(ii) The Secretary of the Army. 

(iii) The Secretary of the Navy. 

(iv) The Secretary of the Air Force. 

(2) The supporting documentation for 

the determination shall include—

(i) An analysis of alternatives that 

would not require a domestic 

nonavailability determination; and 

(ii) A written certification by the 

requiring activity, with specificity, why 

such alternatives are unacceptable. 

(3) Defense agencies shall follow the 

procedures at PGI 225.7002–2(b)(3) 

when submitting a request for a 

domestic nonavailability determination. 

(4) If an official listed in paragraph 

(b)(1)(ii) through (iv) of this subsection 

makes a domestic nonavailability 

determination for the acquisition of 

titanium or a product containing 

titanium, that official shall—

(i) Notify the congressional defense 

committees at least 10 days before the 

award of a contract that relies on such 

a determination; and 

(ii) Provide a copy of the notification 

and the determination to the Director, 

Defense Procurement and Acquisition 

Policy, as specified in PGI 225.7002–

2(b)(4). 

(5) Follow the procedures at PGI 

225.7002–2(b)(5) for reciprocal use of 

domestic nonavailability 

determinations. 

* * * * * 

PART 232—CONTRACT FINANCING 

232.070 [Amended] 

■ 3. Section 232.070 is amended in 

paragraph (b), in the second sentence, 

by removing ‘‘Subpart 204.1’’ and 

adding in its place ‘‘Subpart 201.4’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.212–7001 [Amended] 

■ 4. Section 252.212–7001 is amended 

in paragraph (b)(17) by removing 

‘‘(MAY 2006)’’ and adding in its place 

‘‘(MAR 2007)’’. 

[FR Doc. E7–7914 Filed 4–25–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 070302052–7088–02; I.D. 

021307B] 

RIN 0648–AV09 

Atlantic Highly Migratory Species; 

Atlantic Commercial Shark 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule establishes the 

2007 second and third trimester seasons 

commercial quotas for large coastal 

sharks (LCS), small coastal sharks (SCS), 

and pelagic sharks based on over- or 

underharvests from the 2006 second and 

third trimester seasons. In addition, this 

rule finalizes the opening and closing 

dates for the LCS commercial fishery 

based on adjustments to the trimester 

quotas. The final rule also opens the 

existing mid-Atlantic shark closed area 

for two weeks at the end of July. 

DATES: This rule is effective May 1, 

2007. The Atlantic commercial shark 

fishing season opening and closing 

dates and quotas for the 2007 second 

and third trimester seasons are provided 

in Table 1 under SUPPLEMENTARY

INFORMATION. 

ADDRESSES: For copies of the Final 

Environmental Assessment/Regulatory 

Impact Review/Final Regulatory 

Flexibility Analysis (EA/RIR/FRFA), 

please write to Highly Migratory Species 

Management Division, 1315 East-West 

Highway, Silver Spring, MD 20910, or at 

(301) 713–1917 (fax). Copies are also 

available from the HMS Web site at 

http://www.nmfs.noaa.gov/sfa/hms/. 

FOR FURTHER INFORMATION CONTACT: 

LeAnn Southward Hogan or Karyl 

Brewster-Geisz by phone: 301–713–2347 

or by fax: 301–713–1917. 

SUPPLEMENTARY INFORMATION: 

Background 

The Atlantic shark fishery is managed 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Reauthorization Act 


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