Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12733 

(2) Extent of contract performance. 

(3) Potential costs of termination and 

reprocurement. 

(4) Need for or urgency of the 

requirement, contract coverage, and the 

impact of delay for reprocurement. 

(5) Availability of other safeguards to 

protect the Government’s interest until 

completion of the contract. 

(6) Availability of alternate 

competitive sources to meet the 

requirement (e.g., other multiple award 

contracts, readily available commercial 

items.) 

(c) The responsibilities of the agency 

head under FAR 9.405–1 are delegated 

to the GSA Suspension and Debarment 

Official. 

509.405–2 Restrictions on subcontracting. 

The responsibilities of the agency 

head under FAR 9.405–2(a) are 

delegated to the GSA Suspension and 

Debarment Official. 

■ 10. Revise section 509.406–1 to read 

as follows: 

509.406–1 General. 

The Suspension and Debarment 

Official is the designee under FAR 

9.406–1(c). 

■ 11. Amend section 509.406–3 by— 

■ a. Removing from paragraphs (a) and 

(b), the words ‘‘debarring official’’ and 

adding the words ‘‘Suspension and 

Debarment Official’’ in its place each 

time it appears; 

■ b. Removing from paragraph (b)(2), 

the word ‘‘Number’’ and adding the 

word ‘‘Numbers’’ in its place; 

■ c. Removing paragraph (b)(7); 

■ d. Revising paragraph (c); and 

■ e. Removing from paragraphs (d)(1) 

and (d)(2) the words ‘‘debarring official’’ 

and adding the words ‘‘Suspension and 

Debarment Official’’ in its place each 

time it appears; and 

■ f. Revising paragraph (d)(3). 

■ The revised text reads as follows: 

509.406–3 Procedures. 

* * * * * 

(c) Review. The Suspension and 

Debarment Official will review the 

report, and after coordinating with 

assigned legal counsel— 

(1) Initiate debarment action; 

(2) Decline debarment action; 

(3) Request additional information; or 

(4) Refer the matter to the OIG for 

further investigation and development 

of a case file. 

(d) * * * 

(3) Following a review of the record 

and, if needed, a presentation by the 

contractor in opposition to the proposed 

action, the Suspension and Debarment 

Official will determine whether there is 

a genuine dispute of material fact. If so, 

the Suspension and Debarment Official 

will initiate the fact-finding process. 

The fact-finding official will: 

(i) Establish a date for a fact-finding 

proceeding, normally to be held within 

45 days of the determination of who 

will function as the fact-finding official. 

(ii) Grant extensions for good cause. 

(iii) Provide notice of the scheduled 

hearing. 

(iv) Provide the parties with a 

schedule for exchange of documents 

and witness lists. 

(v) Develop an official transcript of 

the fact-finding proceeding. 

(vi) Provide the Government’s 

representative and the contractor with 

an opportunity to present evidence 

relevant to the facts at issue. The 

contractor may appear in person or 

through a representative. 

(vii) Conduct hearings under rules 

consistent with FAR 9.406–3 pertaining 

to fact finding. Neither the Federal 

Rules of Evidence nor the Federal Rules 

of Civil Procedure govern fact finding. 

Hearsay evidence may be presented and 

will be given appropriate weight by the 

fact-finding official. 

(viii) Provide for witness testimony. 

Witnesses may testify in person. 

Witnesses are subject to cross 

examination. 

(ix) Prepare written findings of fact 

based on a preponderance of the 

evidence and submit them to both the 

Suspension and Debarment Official and 

the contractor within 20 calendar days 

following the conclusion of the factfinding proceeding. 

509.407–1 [Amended] 

■ 12. Amend section 509.407–1 by 

removing the words ‘‘suspending 

official’’ and adding ‘‘Suspension and 

Debarment Official’’ in its place. 

509.407–3 [Amended] 

■ 13. Amend section 509.407–3 by 

removing the words ‘‘suspending 

official’’ and adding ‘‘Suspension and 

Debarment Official’’ in its place each 

time it appears. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 14. The authority citation for 48 CFR 

part 552 continues to read as follows: 

Authority: 40 U.S.C. 121(c). 

552.209–70 through 552.209–73 

[Removed] 

■ 15. Sections 552.209–70 through 

552.209–73 are removed. 

[FR Doc. E9–6574 Filed 3–24–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XN18 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

for Vessels in the Bering Sea and 

Aleutian Islands Trawl Limited Access 

Fishery in the Eastern Aleutian District 

of the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch for 

vessels participating in the Bering Sea 

and Aleutian Islands (BSAI) trawl 

limited access fishery in the Eastern 

Aleutian District of the BSAI. This 

action is necessary to prevent exceeding 

the 2009 Pacific ocean perch total 

allowable catch (TAC) specified for 

vessels participating in the BSAI trawl 

limited access fishery in the Eastern 

Aleutian District of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 22, 2009, through 

2400 hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson–Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2009 Pacific ocean perch TAC 

allocated as a directed fishing allowance 

to vessels participating in the BSAI 

trawl limited access fishery in the 

Eastern Aleutian District of the BSAI is 

365 metric tons as established by the 

2009 and 2010 final harvest 

specifications for groundfish in the 

BSAI (74 FR 7359, February 17, 2009). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2009 Pacific ocean 

perch TAC allocated to vessels 


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12734 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

participating in the BSAI trawl limited 

access fishery in the Eastern Aleutian 

District of the BSAI will soon be 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

ocean perch for vessels participating in 

the BSAI trawl limited access fishery in 

the Eastern Aleutian District of the 

BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific ocean perch 

for vessels participating in the BSAI 

trawl limited access fishery in the 

Eastern Aleutian District of the BSAI. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of March 19, 

2009. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and § 679.91 and is exempt from review 

under Executive Order 12866. 

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

Dated: March 20, 2009. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–6588 Filed 3–20–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XN77 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear in 

the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by trawl catcher 

vessels in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the A season allowance of the 2009 

Pacific cod allowable catch (TAC) 

specified for trawl catcher vessels in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 21, 2009, though 

1200 hrs, A.l.t., April 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson–Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season allowance of the 2009 

Pacific cod TAC allocated to trawl 

catcher vessels in the BSAI is 25,782 

metric tons (mt) as established by the 

final 2009 and 2010 harvest 

specifications for groundfish in the 

BSAI (74 FR 7359, February 17, 2009). 

In accordance with § 679.20(d)(1)(i), the 

Administrator, Alaska Region, NMFS, 

has determined that the A season 

allowance of the 2009 Pacific cod TAC 

allocated to trawl catcher vessels in the 

BSAI will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 25,632 mt, and is setting 

aside the remaining 150 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by trawl 

catcher vessels in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by trawl 

catcher vessels in the BSAI. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of March 19, 2009. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: March 20, 2009. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–6589 Filed 3–20–09; 4:15 pm] 

BILLING CODE 3510–22–S 


sroberts on PROD1PC70 with RULES