Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations 21467

response to the Initial Regulatory

Flexibility Analysis.

Significant Alternatives Considered:

We have analyzed the comments

submitted in light of our statutory

directives and have, to the extent

possible, minimized the regulatory

burden on entities covered by the

ownership provisions of the 1992 Cable

Act.

Ordering Clauses

Accordingly, it is hereby ordered That

pursuant to the authority in sections 1,

4 and 613 of the Communications Act

of 1934, as amended, 47 U.S.C. 151, 154,

and 533, the petitions for

reconsideration filed in this proceeding

by the Center for Media Education/

Consumer Federation of America and

Bell Atlantic Corporation are denied.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–10719 Filed 5–1–95; 8:45 am]

BILLING CODE 6712–01–M

GENERAL SERVICES

ADMINISTRATION

48 CFR Parts 502, 506, 513, and 552

[APD 2800.12A, CHGE 62]

RIN 3090–AF60

General Services Administration

Acquisition Regulation; Miscellaneous

Changes

AGENCY: Office of Acquisition Policy,

GSA.

ACTION: Final rule.

SUMMARY: The General Services

Administration Acquisition Regulation

(GSAR) is amended to make

miscellaneous changes by providing

uniform procedures for contracting

under the regulatory system.

EFFECTIVE DATE: May 8, 1995.

FOR FURTHER INFORMATION CONTACT:

Paul Lynch, Office of GSA Acquisition

Policy, (202) 501–1224.

SUPPLEMENTARY INFORMATION:

A. Background

The rule amends section 502.101 to

revise the definitions of ‘‘Agency

competition advocate,’’ ‘‘Contracting

activity competition advocate,’’ and

‘‘Head of the contracting activity’’ to

reflect current GSA organizational

changes; to revise section 506.304 to

delete reference to ‘‘concurrence by

legal counsel’’ which is no longer

required; to revise section 513.106 to

make use of the GSA Form 2010, Small

Purchase Tabulation Source List/

Abstract optional rather than mandatory

and to indicate that the form does not

apply to purchases under $2,500; and to

revise section 552.225–72 to insert the

words ‘‘Basin country’’ after

‘‘Caribbean’’ in paragraph (a)(1) to

correct an inadvertent omission of the

words in GSAR Change 59.

B. Public Comments

This rule was not published in the

Federal Register for Public comment

because it is not a significant revision as

defined in FAR 1.501–1.

C. Executive Order 12866

The rule was not submitted to the

Office of Management and Budget

because it is not a significant rule as

defined in Executive Order 12866,

Regulatory Planning and Review.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act does

not apply because this rule is not a

significant revision as defined in FAR

1.501–1.

E. Paperwork Reduction Act

This rule does not impose any

information collection or recordkeeping

requirements that require the approval

of OMB under 44 U.S.C. 3501, et seq.

Therefore, the requirements of the

Paperwork Reduction Act do not apply.

List of Subjects in 48 CFR Parts 502,

506, 513 and 552

Government procurement, Reporting

and recordkeeping requirements.

Accordingly, 48 CFR Parts 502, 506,

513 and 552 are amended as follows:

1. The authority citation for 48 CFR

Parts 502, 506, 513 and 552 continues

to read as follows:

Authority: 40 U.S.C. 486(c).

PART 502—DEFINITION OF WORDS

AND TERMS

2. Section 502.101 is amended by

revising the definitions for ‘‘Agency

competition advocate,’’ ‘‘Contracting

activity competition advocate’’ and

‘‘Head of the contracting activity’’ to

read as follows:

502.101 Definitions.

Agency competition advocate means

the GSA Competition Advocate located

in the Office of Acquisition Policy.

* * * * *

Contracting activity competition

advocate means the individual

designated in writing by the head of the

contracting activity. This authority may

not be redelegated. The HCA must

ensure that the designated competition

advocate is not assigned any duty or

responsibility that is inconsistent with

the advocacy function. The identity of

the designated official shall be

communicated to procuring staff and

the Senior procurement executive.

* * * * *

Head of the contracting activity

means the Associate Administrator for

Acquisition Policy, Commissioners of

the Federal Supply Service (FSS),

Information Technology Service (ITS),

Public Buildings Service (PBS), or

Regional Administrators. The Associate

Administrator for Acquisition Policy

serves as the HCA for Central Office

contracting activity outside of FSS, ITS

and PBS.

* * * * *

PART 506—COMPETITION

REQUIREMENTS

3. Section 506.304 is amended by

revising the introductory text to read as

follows:

506.304 Approval of the justification.

The justification (except for contracts

awarded under FAR 6.302–7) must be

approved by:

* * * * *

PART 513—SMALL PURCHASE AND

OTHER SIMPLIFIED PURCHASE

PROCEDURES

3. Section 513.106 is amended by

revising paragraph (c)(2) to read as

follows:

513.106 Competition and price

reasonableness.

* * * * *

(c) * * *

(2) The GSA Form 2010, Small

Purchases Tabulation Source List/

Abstract, or an automated equivalent

which provides substantially the same

documentation, must be used to

document written and oral quotations

(except small purchases $2,500 or less).

PART 552—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

4. Section 552.225–72 is amended by

revising paragraph (a)(1) of the clause to

read as follows:

552.225–72 Eligible Products from

Nondesignated Countries—Waiver.

* * * * *

(a) * * *

(1) No responsive bid or technically

acceptable offer from a responsible offeror is

received offering U.S. or designated country

end products, Caribbean Basin country end

products, Canadian or Mexican end products
21468 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations

as defined in the clause entitled ‘‘Trade

Agreement Act’’ in this solicitation; or

* * * * *

Dated: April 20, 1995.

Ida M. Ustad,

Associate Administrator for Acquisition

Policy.

[FR Doc. 95–10547 Filed 5–1–95; 8:45 am]

BILLING CODE 6820–61–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 678

[Docket No. 950414106–5106–01; I.D.

121494A]

RIN 0648–AF63

Atlantic Shark Fisheries; Semiannual

Quotas for Large Coastal and Pelagic

Sharks

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

establish semiannual commercial quotas

for Atlantic large coastal sharks and

Atlantic pelagic sharks under the

framework provisions of the Fishery

Management Plan for Sharks of the

Atlantic Ocean (FMP), at 1994 levels.

These quotas apply to permitted vessels

for 1995 and, unless adjusted, for future

years. This final rule is intended to

reduce the probability of overfishing, by

maintaining the current semiannual

quotas for the pelagic shark species

group and rejecting the planned 1995

increases in the semiannual commercial

quotas increase for the large coastal

species group.

EFFECTIVE DATE: May 1, 1995.

ADDRESSES: Requests for copies of the

environmental assessment and

regulatory impact review (EA/RIR)

should be sent to Richard B. Stone,

Chief, Highly Migratory Species

Management Division, ffice of Fisheries

Conservation and Management (F/CM),

National Marine Fisheries Service, 1315

East-West Highway, Silver Spring, MD

20910.

FOR FURTHER INFORMATION CONTACT: C.

Michael Bailey, 301–713–2347, FAX

301–713–0596; Michael E. Justen, 813–

570–5305 or Kevin B. Foster, 508–281–

9260.

SUPPLEMENTARY INFORMATION: The

fishery for Atlantic sharks is managed

under the FMP prepared by NMFS

under authority of section 304(f)(3) of

the Magnuson Fishery Conservation and

Management Act (Magnuson Act), and

implemented in April 1993 through

regulations found at 50 CFR part 678.

For the reasons explained below,

NMFS is implementing the following

semiannual quotas: Large coastal

species = 1,285 metric tons dressed

weight (mtdw); Pelagic species = 290

mtdw. The notice of proposed

rulemaking was published on January 6,

1995 (60 FR 2071), with a request for

comments. The notice of proposed

rulemaking contained background

information which is not repeated here.

Comments and Responses

Commercial Quotas

Comments: Written comments on the

proposed commercial quotas were

provided by one Fishery Management

Council, three conservation

organizations, one directed commercial

shark fishing organization (petition with

49 entries), one incidental commercial

shark fishing organization, one seafood

production company, and 64

individuals whose comments addressed

the proposed commercial quotas.

Commenters suggested four possible

options: (1) Commercial quotas should

be allowed to increase as scheduled in

the FMP, (2) commercial quotas should

be maintained at the current level until

additional data on the status of the

stocks can be evaluated, (3) commercial

quotas should be significantly reduced,

and (4) the commercial shark fishery

should be closed until there are clear

signs of stock recovery.

Response: NMFS has examined the

four possible commercial quota options

and has determined that the total

allowable catch (TAC) for 1995 should

remain at the 1994 level, as

recommended by the 1994 Shark

Evaluation Workshop (SEW) and

members of the Shark Operations Team

(OT). A new stock assessment and

fishery evaluation (SAFE) report is

currently in preparation and will be

published in 1995. If appropriate, the

Assistant Administrator for Fisheries,

NOAA (AA) may reexamine the quota

levels and make determinations on

adjustments to future quotas.

Large Coastal and Pelagic Shark Quotas

The framework provisions of the FMP

allow the AA to make adjustments in

the management measures in order to

achieve the objectives of the FMP.

NMFS has determined that the 1994

semiannual quotas of 1,285 mt, which

represented for the year only a 5 percent

increase over 1993, should be set as the

semiannual commercial quotas for the

large coastals group for 1995. This, in

the opinion of NMFS, represents a

reasonable compromise between

alternatives, pending future scientific

analyses that may suggest the need for

different quotas.

The alternative of increasing the

commercial quotas as planned in the

FMP was rejected primarily on the basis

of recommendations from the SEW and

members of the OT. The SEW

concluded that ‘‘the weight of evidence

does not support the previous (FMP)

recommendation that the 1994 or 1995

TAC should automatically increase.’’

The OT met in July 1994, and generally

agreed with this conclusion. Thus, the

rebuilding plan outlined in the FMP has

been determined to be inadequate to

achieve the goal of rebuilding the large

coastal sharks resource to a level

consistent with the maximum

sustainable yield (MSY). As a result,

NMFS has rejected planned quota

increases for 1995. Whether the selected

semiannual quotas of 1,285 mt

(equivalent to the 1994 semiannual

quotas) will lead to rebuilding in 1995

and beyond is currently uncertain. The

likelihood of stock rebuilding for this

and other quota levels will be addressed

in future stock assessments.

In terms of the semiannual quota

increase that has already gone into

effect, NMFS believes that the 5 percent

reduction in quotas necessary to return

to the 1993 level could have a large

negative impact on the large coastal

shark fishing industry, while it is

unlikely to change substantially the

future dynamics of the large coastal

shark resource. Until recently, the

fishing industry had anticipated that the

scheduled increases in the FMP would

take place, and had planned operations

accordingly. Subsequently, the industry

has had to replan and scale down

projected production schedules. Further

scaling down could result in greater

negative consequences which, in the

opinion of NMFS, may not be

warranted.

In terms of benefits to the large coastal

shark resource, NMFS believes that

action to forestall the planned 30.3

percent increase of the 1995 semiannual

quotas for the year over the 1993 quotas

has far greater significance for the future

viability of the various shark stocks.

NMFS believes that it is not worth

putting the industry at a disadvantage

for the sake of a quota reduction of the

order of 5 percent, which may have

been within the margin of error of quota

monitoring capabilities in the past.

Comments received from the

Delaware Division of Fish and Wildlife

through the Delaware Coastal

Management Program recommended