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 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 35827 

to 5 U.S.C 553(d)(3), good cause to 

waive the 30 day delay in effectiveness 

for the reasons stated above. 

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

Dated: July 16, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–17282 Filed 7–16–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XQ26 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish in 

the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for northern rockfish in the 

Western Regulatory Area of the Gulf of 

Alaska (GOA) for 96 hours. This action 

is necessary to fully use the 2009 total 

allowable catch (TAC) of northern 

rockfish in the Western Regulatory Area 

of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 17, 2009, through 1200 

hrs, A.l.t., July 21, 2009. Comments 

must be received at the following 

address no later than 4:30 p.m., A.l.t., 

July 31, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by [RIN], by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments. Enter ‘‘N/A’’ in the required 

fields, if you wish to remain 

anonymous. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) file formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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. 

NMFS closed the directed fishery for 

northern rockfish in the Western 

Regulatory Area of the GOA on July 9, 

2009 (74 FR 33923, July 14, 2009). 

NMFS has determined that 

approximately 392 mt of the 2009 TAC 

of northern rockfish in the Western 

Regulatory Area of the GOA remain in 

the directed fishing allowance. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the 

2009 TAC of northern rockfish in the 

Western Regulatory Area of the GOA, 

NMFS is terminating the previous 

closure and is reopening directed 

fishing for northern rockfish in the 

Western Regulatory Area of the GOA for 

96 hours, effective 1200 hrs, A.l.t., July 

17, 2009, through 1200 hrs, A.l.t., July 

21, 2009. 

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 reopening and closure of 

northern rockfish in the Western 

Regulatory Area of 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 July 15, 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 § 679.25 

and is exempt from review under 

Executive Order 12866. 

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

Dated: July 16, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–17279 Filed 7–16–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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