Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53157 

• Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Benavides, 703–602–1302. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 72 

FR 51192 on September 6, 2007, to 

implement Section 333 of the National 

Defense Authorization Act for Fiscal 

Year 2007 (Pub. L. 109–364). Section 

333 extended, through September 30, 

2009, the period during which 

contractor performance of securityguard functions at military installations 

or facilities is authorized to fulfill 

additional requirements resulting from 

the terrorist attacks on the United States 

on September 11, 2001, provided the 

total number of personnel employed to 

perform such functions does not exceed 

specified limits. DoD received no 

comments on the interim rule published 

on September 6, 2007. 

Section 343 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181) further extended the 

period during which contractor 

performance of security-guard functions 

at military installations or facilities is 

authorized, and established 

corresponding personnel limitations. 

This second interim rule amends 

DFARS 237.102–70 to reflect the 

provisions of Section 343 of Public Law 

110–181. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD does not expect this rule to 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. 

Although the rule may provide 

opportunities for small business 

concerns to receive contracts for the 

performance of security-guard functions 

at military installations or facilities, the 

economic impact is not expected to be 

substantial. Therefore, DoD has not 

performed an initial regulatory 

flexibility analysis. DoD invites 

comments from small businesses and 

other interested parties. DoD also will 

consider comments from small entities 

concerning the affected DFARS subpart 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2006–D050. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

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

D. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

that urgent and compelling reasons exist 

to publish an interim rule prior to 

affording the public an opportunity to 

comment. This interim rule implements 

Section 343 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). Section 343 extends, 

through September 30, 2012, the period 

during which contractor performance of 

security-guard functions at military 

installations or facilities is authorized to 

fulfill additional requirements resulting 

from the terrorist attacks on the United 

States on September 11, 2001. Section 

343 also places limitations on the total 

number of personnel that may be 

employed annually under this authority. 

Comments received in response to this 

interim rule will be considered in the 

formation of the final rule. 

List of Subjects in 48 CFR Part 237 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 237 is 

amended as follows: 

PART 237—SERVICE CONTRACTING 

■ 1. The authority citation for 48 CFR 

Part 237 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

■ 2. Section 237.102–70 is amended by 

revising paragraph (d)(1) introductory 

text and paragraphs (d)(1)(iii) and (iv) to 

read as follows: 

237.102–70 Prohibition on contracting for 

firefighting or security-guard functions. 

* * * * * 

(d)(1) Under Section 332 of Public 

Law 107–314, as amended by Section 

333 of Public Law 109–364 and Section 

343 of Public Law 110–181, this 

prohibition does not apply to any 

contract that is entered into for any 

increased performance of security-guard 

functions at a military installation or 

facility undertaken in response to the 

terrorist attacks on the United States on 

September 11, 2001, if— 

* * * * * 

(iii) Contract performance will not 

extend beyond September 30, 2012; and 

(iv) The total number of personnel 

employed to perform security-guard 

functions under all contracts entered 

into pursuant to this authority does not 

exceed the following limitations: 

(A) For fiscal year 2007, the total 

number of such personnel employed 

under such contracts on October 1, 

2006. 

(B) For fiscal year 2008, the number 

equal to 90 percent of the total number 

of such personnel employed under such 

contracts on October 1, 2006. 

(C) For fiscal year 2009, the number 

equal to 80 percent of the total number 

of such personnel employed under such 

contracts on October 1, 2006. 

(D) For fiscal year 2010, the number 

equal to 70 percent of the total number 

of such personnel employed under such 

contracts on October 1, 2006. 

(E) For fiscal year 2011, the number 

equal to 60 percent of the total number 

of such personnel employed under such 

contracts on October 1, 2006. 

(F) For fiscal year 2012, the number 

equal to 50 percent of the total number 

of such personnel employed under such 

contracts on October 1, 2006. 

* * * * * 

[FR Doc. E8–21373 Filed 9–12–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[Docket No. 080302357–8834–02] 

RIN 0648–AT79 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to the Explosive Removal of 

Offshore Structures in the Gulf of 

Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule, correction. 

SUMMARY: This document contains a 

correction to the final rule governing the 

taking of marine mammals incidental to 

the explosive removal of offshore 

structures in the Gulf of Mexico that 

was published in the Federal Register 

on Thursday June 19, 2008. 


jlentini on PROD1PC65 with RULES
53158 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

DATES: This correction is effective on 

September 15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Hollingshead, NMFS, at 301– 

713–2289, ext 128. 

SUPPLEMENTARY INFORMATION: The final 

rule that is the subject of this correction 

was published on Thursday, June 19, 

2008 (73 FR 34875). That final rule 

contains an inadvertent error in the 

amendatory instruction concerning the 

removal of subpart R in 50 CFR part 

216. 

Subpart R governs the taking of 

marine mammals incidental to 

construction and operation of offshore 

oil and gas facilities in the Beaufort Sea. 

That rule was published in the Federal 

Register on March 7, 2006 (71 FR 

11322), became effective on April 6, 

2006, and remains in effect until April 

6, 2011. The instruction that it should 

be ‘‘added and reserved’’ is in error 

because Subpart R exists, and will 

remain in effect until April 6, 2011. In 

addition, the amendatory instruction is 

not an allowable instruction under 

Federal Register format rules. 

Therefore, this rule removes this 

instruction as it is confusing to the 

public and is an action that was not 

intended by NMFS. 

Classification 

E.O. 12866: This final rule has been 

determined to be not significant under 

E.O. 12866. 

Administrative Procedure Act (APA): 

The Assistant Administrator (AA) for 

Fisheries finds good cause under 5 

U.S.C. 553 (b)(B) to waive notice and 

opportunity for public comments as it is 

contrary to the public interest. The final 

rule published on Thursday, June 19, 

2008 (73 FR 34875) contained an 

inadvertent error in the amendatory 

instruction concerning the removal of 

subpart R in 50 CFR part 216. The 

amendatory instruction concerning the 

removal of subpart R in Part 216 

indicated that this subpart should be 

‘‘added and reserved,’’ which was an 

action that was not intended by NMFS, 

and is not an allowable instruction 

under Federal Register format rules. As 

reflected in the rule that implemented 

the provisions of subpart R (March 7, 

2006, 71 FR 11322), NMFS intended 

these regulations to remain in effect 

until April 6, 2011. In order to comply 

with Federal Register format rules and 

to avoid any confusion, this rule 

amends the June 19, 2008 final rule to 

delete the amendatory instruction 

concerning subpart R. 

The AA finds good cause under 5 

U.S.C. 553(d) to waive the 30–day delay 

in effectiveness. As stated above, NMFS 

included a confusing and unallowable 

Federal Register instruction concerning 

subpart R in the June 19, 2008 final rule. 

As stated in its March 7, 2006 rule, 

NMFS intended subpart R to remain in 

effect until April 6, 2011. In order to 

prevent further confusion regarding the 

status of subpart R, the AA makes this 

rule effective immediately. 

Correction 

The following is a correction to FR 

Doc. E8–13898, June 19, 2008: 

■ 1. On page 34889 in the third column, 

Instruction 2, reading ‘‘Subpart R is 

added and reserved.’’ is hereby 

removed. 

■ 2. On page 34889 in the third column, 

Instruction 3 is hereby redesignated as 

Instruction 2. 

Dated: September 8, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E8–21479 Filed 9–12–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 071004577–8124–02] 

RIN 0648–XJ76 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Inseason Action to allow use 

of the Ruhle Trawl in the Eastern U.S./ 

Canada Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; gear restriction. 

SUMMARY: NMFS announces that the 

Administrator, Northeast (NE) Region, 

NMFS (Regional Administrator) has 

authorized the use of an additional type 

of fishing gear for use by vessels fishing 

under a Northeast (NE) multispecies 

Category A Day-at-Sea (DAS) in the 

Eastern U.S./Canada Area. This action is 

authorized by the regulations 

implementing Amendment 13 to the NE 

Multispecies Fishery Management Plan 

(FMP) and is intended to prevent underharvesting of the Total Allowable Catch 

(TAC) for Eastern Georges Bank (GB) 

haddock while ensuring that the TAC of 

Eastern GB cod and GB yellowtail 

flounder will not be exceeded during 

the 2008 fishing year (FY). This action 

is being taken to provide additional 

opportunities for vessels to fully harvest 

the Eastern GB haddock TAC under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: Effective September 15, 2008, 

through April 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

(978) 281–9341. 

SUPPLEMENTARY INFORMATION: On July 

14, 2008, NMFS published a final rule 

in the Federal Register (73 FR 40186) 

approving the use of the Haddock Rope 

Trawl by vessels participating in either 

the Regular B-DAS Program or the 

Eastern U.S./Canada Haddock Special 

Access Program (SAP). A subsequent 

rule (73 FR 52214) renamed the 

Haddock Rope Trawl the ‘‘Ruhle Trawl’’ 

in honor of the late Captain Phil Ruhle, 

Sr., who was instrumental in its 

development. 

Under the regulations implementing 

Amendment 13 to the NE Multispecies 

FMP, vessels fishing with trawl gear in 

the Eastern U.S./Canada Area must fish 

with either a haddock separator trawl, a 

flounder trawl net, or other gear 

approved by the Regional 

Administrator. The regulations at 

§ 648.85(a)(3)(iv)(D) allow the Regional 

Administrator to modify these gear 

requirements through an in-season 

action in order to prevent overharvesting or to facilitate achieving the 

TAC. This action approves the use of 

the Ruhle Trawl as a third authorized 

gear type for the remainder of FY 2008. 

In each of the last 3 years, the Eastern 

U.S./Canada Area has been closed 

before the end of the fishing year 

because the TAC of either Eastern GB 

cod or GB yellowtail flounder had been 

harvested. During that period, the 

harvest of Eastern GB haddock has not 

exceeded 10 percent of the TAC. Based 

on current rates of harvest, a similar 

under-harvest of Eastern GB haddock 

appears likely in FY 2008. Scientific 

studies have demonstrated that the 

Ruhle Trawl is able to reduce bycatch of 

cod and yellowtail flounder while 

targeting haddock at least as effectively 

as the haddock separator trawl, and 

better then the flounder trawl net. 

Allowing the use of the Ruhle Trawl in 

the Eastern U.S./Canada Area is 

expected to increase landings of Eastern 

GB haddock, reduce discards of Eastern 

GB cod and GB yellowtail flounder by 

vessels targeting GB haddock, and result 

in the achievement of the Eastern GB 

haddock TAC during the fishing year, 

without exceeding it. 

To encourage the use of this gear in 

the most selective manner, vessels 


jlentini on PROD1PC65 with RULES