30318 Federal Register / Vol. 73, No. 102 / Tuesday, May 27, 2008 / Rules and Regulations 

the Office of Information and Regulatory 

Affairs within OMB. 

B. Regulatory Flexibility Act of 1980 (5 

U.S.C. 605(b)) 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. DHS has 

certified that there is good cause for this 

interim final rule to be issued without 

prior notice and comment. In these 

circumstances an initial regulatory 

flexibility analysis is not required. In 

addition, this rule interprets legislation 

and is not subject to agency discretion. 

DHS thus certifies that this rule will not 

have a significant impact on a 

substantial number of small entities. 

DHS will, however, consider comments 

from small entities concerning the 

affected HSAR Part(s) in accordance 

with 5 U.S.C. 610. Interested parties 

must submit such comments separately 

in writing to Kathy Strouss, the Office 

of the Chief Procurement Officer at 

Kathy.Strouss@dhs.gov and should cite 

to 5 U.S.C. 601, et seq. (HSAR case 

2008–001), in the subject matter line of 

the correspondence. 

C. Paperwork Reduction Act of 1995 (44 

U.S.C., Chapter 35) 

This regulatory action will not impose 

any additional reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act. 

D. Federalism (Executive Order 13132) 

This regulatory action does not have 

Federalism implications, as set forth in 

Executive Order 13132. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 48 CFR Parts 3001, 

3002, 3009, and 3013 

Government procurement. 

Dated: May 19, 2008. 

Thomas W. Essig, 

Chief Procurement Officer, Department of 

Homeland Security. 

■ For the reasons stated in the preamble, 

the Department of Homeland Security 

amends 48 CFR parts 3001, 3002, 3009, 

and 3013 as follows: 

■ 1. The authority citation for 48 CFR 

parts 3001, 3002, 3009, and 3013 

continues to read as follows: 

Authority: 41 U.S.C. 418b(a) and (b). 

PART 3001—FEDERAL ACQUISITION 

REGULATION SYSTEM 

■ 2. Revise section 3001.104(b) to read 

as follows: 

3001.104 Applicability. 

* * * * * 

(b) The Transportation Security 

Administration (TSA) exception to this 

regulation is authorized by the Aviation 

and Transportation Security Act of 2001 

(ATSA) (section 101(a) of Public Law 

107–71, as implemented at section 

114(o) of title 49) for contracts awarded 

by TSA pursuant to this ATSA 

authority. The Consolidated 

Appropriations Act of 2008, Public Law 

110–161, Division E, Title V, section 

568 eliminates ATSA section 114(o) 

effective June 23, 2008. Accordingly, 

TSA acquisitions initiated after June 22, 

2008 are subject to 48 CFR Chapters 1 

and 30. 

* * * * * 

■ 3. Revise section 3001.105–2(a) to 

read as follows: 

3001.105–2 Arrangement of regulations. 

(a) General. The HSAR, which 

encompasses both Department-wide and 

Component-unique guidance, conforms 

to the arrangement and numbering 

system prescribed by (FAR) 48 CFR 

1.105–2. Guidance that is unique to a 

Component contains the organization’s 

acronym or abbreviation directly 

following the title. The following 

acronyms apply: 

DHS Office of Procurement Operations 

(OPO); 

Federal Emergency Management Agency 

(FEMA); 

Federal Law Enforcement Training 

Center (FLETC); 

Transportation Security Administration 

(TSA); 

U.S. Coast Guard (USCG); 

U.S. Customs and Border Protection 

(CBP); 

U.S. Immigration and Customs 

Enforcement (ICE); and 

U.S. Secret Service (USSS). 

PART 3002—DEFINITIONS OF WORDS 

AND TERMS 

■ 4. Amend section 3002.101 by 

revising the definition for ‘‘Component’’

to read as follows: 

3002.101 Definitions. 

* * * * * 

Component means the following 

entities for purposes of this chapter: 

(1) DHS Office of Procurement 

Operations (OPO); 

(2) Federal Emergency Management 

Agency (FEMA); 

(3) Federal Law Enforcement Training 

Center (FLETC); 

(4) Transportation Security 

Administration (TSA), for acquisitions 

initiated after June 22, 2008; 

(5) U.S. Coast Guard (USCG); 

(6) U.S. Customs and Border 

Protection (CBP); 

(7) U.S. Immigration and Customs 

Enforcement (ICE); and 

(8) U.S. Secret Service (USSS). 

* * * * * 

PART 3009—CONTRACTOR 

QUALIFICATIONS 

■ 5. Remove and reserve section 

3009.507 to read as follows: 

3009.507 Solicitation provision and 

contract clause. [Reserved] 

PART 3013—SIMPLIFIED ACQUISITION 

PROCEDURES 

3013.70 [Removed and reserved] 

■ 6. Remove section 3013.70. 

[FR Doc. E8–11560 Filed 5–23–08; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XI13 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Shallow-Water 

Species Fishery by Vessels Using 

Trawl Gear in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

shallow-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the second seasonal apportionment of 

the 2008 Pacific halibut bycatch 

allowance specified for the shallowwater species fishery in the GOA has 

been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), May 21, 2008, through 1200 

hrs, A.l.t., July 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 102 / Tuesday, May 27, 2008 / Rules and Regulations 30319 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 second seasonal apportionment 

of the 2008 Pacific halibut bycatch 

allowance specified for the shallowwater species fishery in the GOA is 100 

metric tons as established by the 2008 

and 2009 harvest specifications for 

groundfish of the GOA (73 FR 10562, 

February 27, 2008), for the period 1200 

hrs, A.l.t., April 1, 2008, through 1200 

hrs, A.l.t., July 1, 2008. 

In accordance with § 679.21(d)(7)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the second 

seasonal apportionment of the 2008 

Pacific halibut bycatch allowance 

specified for the trawl shallow-water 

species fishery in the GOA has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for the 

shallow-water species fishery by vessels 

using trawl gear in the GOA. The 

species and species groups that 

comprise the shallow-water species 

fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka 

mackerel, skates and ‘‘other species.’’

This inseason adjustment does not 

apply to fishing for pollock by vessels 

using pelagic trawl gear in those 

portions of the GOA open to directed 

fishing for pollock. This inseason 

adjustment does not apply to vessels 

fishing under a cooperative quota 

permit in the cooperative fishery in the 

Rockfish Pilot Program for the Central 

GOA. 

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 the shallow-water 

species fishery by vessels using trawl 

gear in the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of May 20, 2008. 

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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: May 21, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1297 Filed 5–21–08; 1:37 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 680 

[Docket No. 080516675–8677–01] 

RIN 0648–AW88 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Allocating Bering Sea 

and Aleutian Islands King and Tanner 

Crab Fishery Resources; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: NMFS issues this final rule, a 

correcting amendment to the regulations 

governing the Bering Sea and Aleutian 

Islands crab fisheries. This action is 

necessary to correct a rule that was 

published on March 2, 2005 (70 FR 

10173). This final rule is intended to 

promote the goals and objectives of the 

Fishery Management Plan for Bering 

Sea/Aleutian Islands King and Tanner 

Crabs, the Magnuson-Stevens Fishery 

Conservation and Management Act, and 

other applicable law. 

DATES: Effective June 26, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Glenn Merrill, 907–586–7228. 

SUPPLEMENTARY INFORMATION: Bering Sea 

and Aleutian Islands (BSAI) crab 

fisheries are managed under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) in 

accordance with the Fishery 

Management Plan for Bering Sea/ 

Aleutian Islands King and Tanner Crabs 

(FMP). In January 2004, the U.S. 

Congress amended section 313(j) of the 

Magnuson-Stevens Act through the 

Consolidated Appropriations Act of 

2004 (Public Law 108–199, section 801). 

As amended, section 313(j)(1) requires 

the Secretary of Commerce to approve 

and implement by regulation the Crab 

Rationalization Program (Program), as it 

was approved by the North Pacific 

Fishery Management Council (Council) 

between June 2002 and April 2003, and 

all trailing amendments, including those 

reported to Congress on May 6, 2003. In 

June 2004, the Council consolidated its 

actions on the Program into one Council 

motion, which is contained in its 

entirety in Amendment 18 to the FMP. 

Additionally, in June 2004, the Council 

developed Amendment 19 to the FMP, 

which represents minor changes 

necessary to implement the Program. 

The Notice of Availability for these 

amendments was published in the 

Federal Register on September 1, 2004 

(69 FR 53397). NMFS published a 

proposed rule to implement 

Amendments 18 and 19 on October 29, 

2004 (69 FR 63200). NMFS approved 

Amendments 18 and 19 on November 

19, 2004. NMFS published a final rule 

to implement Amendments 18 and 19 

on March 2, 2005 (70 FR 10174). Shortly 

thereafter, NMFS also published a final 

rule (March 18, 2005; 70 FR 13097) to 

correct OMB control numbers provided 

in the March 2, 2005 final rule, and a 

second final rule (June 8, 2005; 70 FR 

33390) to ensure that the March 2, 2005 

final rule conforms to the statutory 

requirements and intent of the Program, 

to provide clarification regarding the 

Program’s regulatory requirements, and 

to correct minor technical errors. 

Need for Corrections 

With this correction, NMFS seeks to 

ensure that the March 2, 2005 final rule 

conforms to the statutory requirements 

and intent of the Program. The March 2, 

2005 final rule implemented regulations 

that establish the maximum amount of 

individual processing quota (IPQ) that 

may be issued in the Bristol Bay red 

king crab Paralithodes camtschatica 

(BBR) quota share (QS) fishery, and the 

Bering Sea snow crab Chionoecetes 

opilio (BSS) QS fishery. However, 

NMFS recently discovered that these 

regulations are not consistent with the 

statutory requirements of the Program. 

Section 3.4 of Amendment 18 to the 

FMP limited the maximum amount of 


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