Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Rules and Regulations 14481 

212.102 Applicability. 

(a)(i) When using FAR part 12 

procedures for acquisitions exceeding 

$1 million in value, except for 

acquisitions made pursuant to FAR 

12.102(f)(1), the contracting officer 

shall— 

(A) Determine in writing that the 

acquisition meets the commercial item 

definition in FAR 2.101 or meets the 

criteria at FAR 12.102(g)(1); 

(B) Include the written determination 

in the contract file; and 

(C) Obtain approval at one level above 

the contracting officer when a 

commercial item determination relies 

on subsections (1)(ii), (3), (4), or (6) of 

the ‘‘commercial item’’ definition at 

FAR 2.101. 

[FR Doc. 2012–5761 Filed 3–9–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 111220786–1781–01] 

RIN 0648–XB026 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2012 commercial summer 

flounder quota to the Commonwealth of 

Virginia. By this action, NMFS adjusts 

the quotas and announces the revised 

commercial quota for each state 

involved. 

DATES: Effective March 7, 2012, through 

December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Carly Bari, Fishery Management 

Specialist, 978–281–9224. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648. The regulations require annual 

specification of a commercial quota that 

is apportioned among the coastal states 

from North Carolina through Maine. The 

process to set the annual commercial 

quota and the percent allocated to each 

state are described in § 648.100. 

The final rule implementing 

Amendment 5 to the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan, which was published 

on December 17, 1993 (58 FR 65936), 

provided a mechanism for summer 

flounder quota to be transferred from 

one state to another. Two or more states, 

under mutual agreement and with the 

concurrence of the Administrator, 

Northeast Region, NMFS (Regional 

Administrator), can transfer or combine 

summer flounder commercial quota 

under § 648.102(c)(2). The Regional 

Administrator is required to consider 

the criteria in § 648.102(c)(2)(i) to 

evaluate requests for quota transfers or 

combinations. 

North Carolina has agreed to transfer 

879,118 lb (398,761 kg) of its 2012 

commercial quota to Virginia. This 

transfer was prompted by summer 

flounder landings of a number of North 

Carolina vessels that were granted safe 

harbor in Virginia due to hazardous 

shoaling in Oregon Inlet, North 

Carolina, between January 1, 2012, and 

January 31, 2012, thereby requiring a 

quota transfer to account for an increase 

in Virginia’s landings that would have 

otherwise accrued against the North 

Carolina quota. The Regional 

Administrator has determined that the 

criteria set forth in § 648.102(c)(2)(i) 

have been met. The revised summer 

flounder quotas for calendar year 2012 

are: North Carolina, 2,614,661 lb 

(1,185,990 kg); and Virginia, 3,592,683 

lb (1,629,614 kg). 

Classification 

This action is taken under 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

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

Dated: March 7, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–5921 Filed 3–7–12; 4:15 pm] 

BILLING CODE 3510–22–P 


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