Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10391 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

RIN 0750–AI36 

Defense Federal Acquisition 

Regulation Supplement: Domestic 

Source Restrictions on Certain Naval 

Vessel Components (DFARS Case 

2014–D022) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the statutory 

domestic source restrictions on 

acquisition of certain naval vessel 

components. 

DATES: Effective February 26, 2015. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 79 FR 56333 on 

September 19, 2014, to implement the 

domestic source restrictions in 10 U.S.C. 

2534 on gyrocompasses, electronic 

navigation chart systems, steering 

controls, pumps, propulsion and 

machinery control systems, and totally 

enclosed lifeboats, to the extent they are 

unique to marine applications. 

One respondent submitted a public 

comment in response to the proposed 

rule. 

II. Discussion and Analysis 

DoD reviewed the public comment in 

the development of the final rule. A 

discussion of the comment is provided, 

as follows: 

A. Significant Changes From the 

Proposed Rule 

There is no change from the proposed 

rule to the final rule. 

B. Analysis of Public Comment 

Comment: The respondent stated that 

the rule should require manufacture of 

the naval vessel components in the 

United States. 

Response: In accordance with 10 

U.S.C. 2534, the rule requires 

manufacture of the naval vessel 

components in the United States or 

Canada. 10 U.S.C. 2534(b) requires the 

manufacturer of the items to be a part 

of the national technology and 

industrial base. The term ‘‘national 

technology and industrial base’’ is 

defined at 10 U.S.C. 2500 to mean ‘‘the 

persons and organizations that are 

engaged in research, development, 

production, integration, services, or 

information technology activities 

conducted within the United States and 

Canada.’’ Therefore, it is necessary to 

allow manufacture in Canada, as well as 

the United States. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

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

804. 

IV. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not 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 this law has been implemented 

in the Defense Logistics Agency and 

Department of Navy regulations for 

many years, and moving the regulations 

to the DFARS will have no impact on 

the public. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Part 225 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 225 is 

amended as follows: 

PART 225—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

part 225 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 2. Amend section 225.7008 by 

revising paragraph (b) to read as follows: 

225.7008 Waiver of restrictions of 10 

U.S.C. 2534. 

* * * * * 

(b) In accordance with the provisions 

of paragraphs (a)(1)(i) through (iii) of 

this section, the USD(AT&L) has waived 

the restrictions of 10 U.S.C. 2534(a) for 

certain items manufactured in the 

United Kingdom, including air circuit 

breakers for naval vessels (see 225.7006) 

and the naval vessel components listed 

at 225.7010–1. 

■ 3. Add sections 225.7010, 225.7010–1, 

225.7010–2, 225.7010–3, and 225.7010– 

4 to read as follows: 

225.7010 Restriction on certain naval 

vessel components. 

225.7010–1 Restriction. 

In accordance with 10 U.S.C. 2534, do 

not acquire the following components of 

naval vessels, to the extent they are 

unique to marine applications, unless 

manufactured in the United States or 

Canada: 

(a) Gyrocompasses. 

(b) Electronic navigation chart 

systems. 

(c) Steering controls. 

(d) Pumps. 

(e) Propulsion and machinery control 

systems. 

(f) Totally enclosed lifeboats. 

225.7010–2 Exceptions. 

This restriction does not apply to— 

(a) Contracts or subcontracts that do 

not exceed the simplified acquisition 

threshold; or 

(b) Acquisition of spare or repair parts 

needed to support components for naval 

vessels manufactured outside the 

United States. Support includes the 

purchase of spare gyrocompasses, 

electronic navigation chart systems, 

steering controls, pumps, propulsion 

and machinery control systems, or 

totally enclosed lifeboats, when those 

from alternate sources are not 

interchangeable. 

225.7010–3 Waiver. 

(a) The waiver criteria at 225.7008(a) 

apply to this restriction. 

(b) The Under Secretary of Defense 

(Acquisition, Technology, and Logistics) 

has waived the restriction of 10 U.S.C. 

2534 for certain items manufactured in 

the United Kingdom, including the 

items listed in section 225.7010–1. See 

225.7008. 


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10392 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

225.7010–4 Implementation. 

(a) 10 U.S.C. 2534(h) prohibits the use 

of contract clauses or certifications to 

implement this restriction. 

(b) Agencies shall accomplish 

implementation of this restriction 

through use of management and 

oversight techniques that achieve the 

objectives of this section without 

imposing a significant management 

burden on the Government or the 

contractor involved. 

[FR Doc. 2015–03855 Filed 2–25–15; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 130312235–3658–02] 

RIN 0648–XD733 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Resources of the South 

Atlantic; Trip Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

reduction. 

SUMMARY: NMFS reduces the 

commercial trip limit for vermilion 

snapper in or from the exclusive 

economic zone (EEZ) of the South 

Atlantic to 500 lb (227 kg), gutted 

weight. This trip limit reduction is 

necessary to protect the South Atlantic 

vermilion snapper resource. 

DATES: This rule is effective 12:01 a.m., 

local time, March 2, 2015, until 12:01 

a.m., local time, July 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Britni LaVine, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: britni.lavine@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery includes 

vermilion snapper in the South Atlantic 

and is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The South Atlantic 

Fishery Management Council prepared 

the FMP and is implemented by NMFS 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) by regulations at 50 CFR part 622. 

The commercial quota for vermilion 

snapper in the South Atlantic is divided 

into two 6-month time periods, January 

through June and July through 

December. For the January 1 through 

June 30, 2015, fishing season, the 

commercial quota is 394,829 lb (179,091 

kg), gutted weight (438,260 lb (198,791 

kg), round weight), as specified in 50 

CFR 622.190(a)(4)(i)(C). 

Under 50 CFR 622.191(a)(6)(ii), NMFS 

is required to reduce the commercial 

trip limit for vermilion snapper from 

1,000 lb (454 kg), gutted weight (1,110 

lb (503 kg), round weight), to 500 lb 

(227 kg), gutted weight (555 lb (252 kg), 

round weight), when 75 percent of the 

fishing season quota is reached or 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register, as implemented 

by the final rule for Regulatory 

Amendment 18 (78 FR 47574, August 6, 

2013). Based on current information, 

NMFS has determined that 75 percent of 

the available commercial quota for the 

January 1 through June 30, 2015, fishing 

season for vermilion snapper will be 

reached by March 2, 2015. Accordingly, 

NMFS is reducing the commercial trip 

limit for vermilion snapper to 500 lb 

(227 kg), gutted weight (555 lb (252 kg), 

round weight), in or from the South 

Atlantic EEZ at 12:01 a.m., local time, 

on March 2, 2015. This 500-lb (227-kg), 

gutted weight, trip limit will remain in 

effect until July 1, 2015, or until the 

quota is reached and the commercial 

sector closes, whichever occurs first. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of South Atlantic 

vermilion snapper and is consistent 

with the Magnuson-Stevens Act and 

other applicable laws. 

This action is taken under 50 CFR 

622.191(a)(6)(ii) and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that the need to 

immediately implement this 

commercial trip limit reduction 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(B), because prior notice 

and opportunity for public comment on 

this temporary rule is unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary, because the 

rule establishing the trip limit has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the trip limit 

reduction. They are contrary to the 

public interest, because there is a need 

to immediately implement this action to 

protect the vermilion snapper resource 

since the capacity of the fishing fleet 

allows for rapid harvest of the quota. 

Prior notice and opportunity for public 

comment on this action would require 

time and would increase the probability 

that the commercial sector could exceed 

the quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: February 23, 2015. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–04024 Filed 2–23–15; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 140528460–5122–02] 

RIN 0648–BE25 

Fisheries Off West Coast States; 

Highly Migratory Fisheries; California 

Swordfish Drift Gillnet Fishery; Vessel 

Monitoring System and Pre-Trip 

Notification Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is issuing regulations 

that require use of a NMFS-approved 

vessel monitoring system (VMS) and 

institute a pre-trip notification 

requirement for West Coast large-mesh 

swordfish drift gillnet (DGN) vessel 

owners and operators. The DGN fishery 

operates under the authority of the 

Federal Fishery Management Plan for 

U.S. West Coast Fisheries for Highly 

Migratory Species (HMS FMP). 

Installing and operating VMS on vessels 

in this fishery will provide NMFS and 

law enforcement personnel with the 

ability to monitor the DGN fishery for 

compliance with conservation 

measures, efficiently deploy agents to 

inspect vessels, and provide the ability 


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