Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 35825 

Service Lake Ontario 

Six-Hour Period .................... $818 

Docking or Undocking .......... 780 

* * * * * 

■ 3. In § 401.407 revise paragraphs (a) 

and (b), including the footnote to Table 

(b), to read as follows: 

§ 401.407 Basic rates and charges on Lake 

Erie and the navigable waters from 

Southeast Shoal to Port Huron, MI. 

* * * * * 

(a) Area 4 (Undesignated Waters): 

Service 

Lake Erie 

(east of 

Southeast 

Shoal) 

Buffalo 

Six-Hour Period $722 $722 

Docking or 

Undocking ..... 557 557 

Service 

Lake Erie 

(east of 

Southeast 

Shoal) 

Buffalo 

Any Point on the 

Niagara River 

below the 

Black Rock 

Lock ............... N/A 1,420 

(b) Area 5 (Designated Waters): 

Any point on or in Southeast 

Shoal 

Toledo or any 

point on Lake 

Erie west of 

Southeast 

Shoal 

Detroit River Detroit pilot 

boat St. Clair River 

Toledo or any port on Lake Erie west of Southeast Shoal $2,199 $1,299 $2,855 $2,199 N/A 

Port Huron Change Point .................................................... 1 3,829 1 4,436 2,877 2,237 1,591 

St. Clair River ....................................................................... 1 3,829 N/A 2,877 2,877 1,299 

Detroit or Windsor or the Detroit River ................................ 2,198 2,855 1,299 N/A 2,877 

Detroit Pilot Boat .................................................................. 1,590 2,199 N/A N/A 2,877 

1When pilots are not changed at the Detroit Pilot Boat. 

■ 4. In § 401.410, revise paragraphs (a), 

(b), and (c) to read as follows: 

§ 401.410 Basic rates and charges on 

Lakes Huron, Michigan, and Superior, and 

the St. Mary’s River. 

* * * * * 

(a) Area 6 (Undesignated Waters): 

Service Lakes Huron 

and Michigan 

Six-Hour Period .................... $623 

Service Lakes Huron 

and Michigan 

Docking or Undocking .......... 592 

(b) Area 7 (Designated Waters): 

Area De Tour Gros Cap Any harbor 

Gros Cap ..................................................................................................................................... $2,443 N/A N/A 

Algoma Steel Corporation Wharf at Sault Ste. Marie Ontario .................................................... 2,443 920 N/A 

Any point in Sault Ste. Marie, Ontario, except the Algoma Steel Corporation Wharf ................ 2,048 920 N/A 

Sault Ste. Marie, MI ..................................................................................................................... 2,048 920 N/A 

Harbor Movage ............................................................................................................................ N/A N/A $920 

(c) Area 8 (Undesignated Waters): 

Service Lake Superior 

Six-Hour Period .................... $549 

Docking or Undocking .......... 522 

§ 401.420 [Amended] 

■ 5. In § 401.420— 

■ a. In paragraph (a), remove the 

number ‘‘$102’’ and add, in its place, 

the number ‘‘$113’’; and remove the 

number ‘‘$1,604’’ and add, in its place, 

the number ‘‘$1,777’’. 

■ b. In paragraph (b), remove the 

number ‘‘$102’’ and add, in its place, 

the number ‘‘$113’’; and remove the 

number ‘‘$1,604’’ and add, in its place, 

the number ‘‘$1,777’’. 

■ c. In paragraph (c)(1), remove the 

number ‘‘$606’’ and add, in its place, 

the number ‘‘$671’’; in paragraph (c)(3), 

remove the number ‘‘$102’’ and add, in 

its place, the number ‘‘$113’’; and, also 

in paragraph (c)(3), remove the number 

‘‘$1,604’’ and add, in its place, the 

number ‘‘$1,777’’. 

§ 401.428 [Amended] 

■ 6. In § 401.428, remove the number 

‘‘$618’’ and add, in its place, the 

number ‘‘$684’’. 

Dated: July 13, 2009. 

Kevin S. Cook, 

Rear Admiral, U.S. Coast Guard, Director of 

Prevention Policy. 

[FR Doc. E9–17229 Filed 7–20–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 212 

RIN 0750–AG23 

Defense Federal Acquisition 

Regulation Supplement; Acquisition of 

Commercial Items (DFARS Case 2008– 

D011) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule; correction. 

SUMMARY: DoD is making a correction to 

the interim rule published at 74 FR 

34263 on July 15, 2009, which amended 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

address the conditions under which a 

time-and-materials or labor-hour 

contract may be used for the acquisition 


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35826 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 

of commercial items. This correction 

clarifies the types of services to which 

the rule applies. 

DATES: Effective date: July 21, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Angie Sawyer, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–8384; 

facsimile 703–602–7887. 

SUPPLEMENTARY INFORMATION: The 

interim rule published at 74 FR 34263 

on July 15, 2009, amended the DFARS 

to implement Sections 805 and 815 of 

the National Defense Authorization Act 

for Fiscal Year 2008 (Pub. L. 110–181). 

The rule specified the conditions under 

which a time-and-materials or laborhour contract may be used for the 

acquisition of commercial items. This 

correction clarifies the types of services 

to which the rule applies, consistent 

with subsections (c)(1)(A) and 

(c)(1)(C)(i) of Section 805 of Public Law 

110–181. 

List of Subjects in 48 CFR Part 212 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Accordingly, the interim rule 

published at 74 FR 34263 on July 15, 

2009, is corrected as follows: 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 1. The authority citation for 48 CFR 

Part 212 continues to read as follows: 

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

Chapter 1. 

■ 2. Section 212.207 is amended by 

revising paragraphs (b)(i) and (b)(iii)(A) 

to read as follows: 

212.207 Contract type. 

(b) * * * 

(i) Services acquired for support of a 

commercial item, as described in 

paragraph (5) of the definition of 

commercial item at FAR 2.101 (41 

U.S.C. 403(12)(E)). 

* * * * * 

(iii) * * * 

(A) The services to be acquired are 

commercial services as defined in 

paragraph (6) of the definition of 

commercial item at FAR 2.101 (41 

U.S.C. 403(12)(F)); 

* * * * * 

[FR Doc. E9–17321 Filed 7–20–09; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.070817467–8554–02] 

RIN 0648–XQ36 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Sea Scallop Fishery; Closure of the 

Limited Access General Category 

Scallop Fishery to Individual Fishing 

Quota Scallop Vessels 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

Limited Access General Category 

(LAGC) Scallop Fishery will close to 

individual fishing quota (IFQ) scallop 

vessels (including vessels issued an IFQ 

letter of authorization (LOA) to fish 

under appeal), until it re-opens on 

September 1, 2009, under current 

regulations. This action is based on the 

determination that the second quarter 

scallop total allowable catch (TAC) for 

LAGC IFQ scallop vessels is projected to 

be landed. This action is being taken to 

prevent IFQ scallop vessels from 

exceeding the 2009 second quarter TAC, 

in accordance with the regulations 

implementing Amendment 11 to the 

Atlantic Sea Scallop Fishery 

Management Plan (FMP), enacted by 

Framework 19 to the FMP, and the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

DATES: The closure of the LAGC fishery 

to all IFQ scallop vessels is effective 

0001 hr local time, July 19, 2009, 

through August 31, 2009. 

FOR FURTHER INFORMATION CONTACT: Don 

Frei, Fishery Management Specialist, 

(978) 281–9221, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the LAGC fishery are found at §§ 648.59 

and 648.60. Regulations specifically 

governing IFQ scallop vessel operations 

in the LAGC fishery are specified at 

§ 648.53(a)(8)(iii). These regulations 

authorize vessels issued a valid IFQ 

scallop permit to fish in the LAGC 

fishery under specific conditions, 

including a TAC. The TACs were 

established by the final rule that 

implemented Framework 19 to the FMP 

(73 FR 30790 May 29, 2008) and 

included a TAC of 1,836,010 lb (832.347 

kg) that may be landed by IFQ vessels 

during the second quarter of the 2009 

fishing year. The regulations at 

§ 648.53(a)(8)(iii) require the LAGC 

fishery to be closed to IFQ vessels once 

the NMFS Northeast Regional 

Administrator has determined that the 

TAC is projected to be landed. 

Based on the number of IFQ vessel 

trips, dealer reporting and vessel prelanding reports through Vessel 

Monitoring Systems (VMS), and other 

information, a projection concluded 

that, given current activity levels by IFQ 

scallop vessels in the area, 1,836,010 lb 

(832.347 kg) will have been landed on 

July 19, 2009. Therefore, effective 0001 

hours on July 19, 2009, no IFQ scallop 

vessel fishing under LAGC regulations 

may declare its intent to enter the 

fishery and may not fish for, possess, or 

retain any scallops. IFQ scallop vessels 

will not be allowed to fish for, possess, 

or retain scallops, or declare, or initiate, 

a scallop trip following this closure for 

the remainder of the 2009 second 

quarter, ending on August 31, 2009. 

Therefore, in accordance with the 

regulations at § 648.53(a)(8)(iii), the 

LAGC scallop fishery is closed to all IFQ 

vessels as of 0001 hr local time, July 19, 

2009. The LAGC scallop fishery will reopen to IFQ scallop vessels on 

September 1, 2009. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

This action closes the LAGC scallop 

fishery to all IFQ scallop vessels until 

September 1, 2009. The regulations at 

§ 648.53(a)(8)(iii) require such action to 

ensure that IFQ scallop vessels do not 

exceed the 2009 second quarter TAC. 

The LAGC scallop fishery opened for 

the second quarter of the 2009 fishing 

year at 0001 hours on June 1, 2009. Data 

indicating the IFQ scallop fleet has 

landed all of the 2009 second quarter 

TAC have only recently become 

available. The Assistant Administrator 

for Fisheries, NOAA (AA), finds good 

cause pursuant to 5 U.S.C. 553(b)(B) to 

waive prior notice and the opportunity 

for public comment because it would be 

contrary to the public interest to allow 

a period public comment. If 

implementation of this closure is 

delayed to solicit prior public comment, 

the quota for this quarter will be 

exceeded, thereby undermining the 

conservation objectives of the FMP. 

Also, if the magnitude of any overage is 

significant, it would warrant a decrease 

in the fourth quarter quota. This would 

have a negative economic impact on 

vessels that fish seasonally in that 

period. The AA further finds, pursuant 


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