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Federal Register / Vol. 71, No.

164 / Thursday, August 24, 2006 / Proposed Rules 50011

Distribution, or Use. We have For the reasons discussed in the DEPARTMENT OF DEFENSE
determined that it is not a ‘‘significant preamble, the Coast Guard proposes to
energy action’’ under that order because amend 33 CFR part 165 as follows: GENERAL SERVICES
it is not a ‘‘significant regulatory action’’ ADMINISTRATION
under Executive Order 12866 and is not PART 165—REGULATED NAVIGATION
likely to have a significant adverse effect AREAS AND LIMITED ACCESS AREAS NATIONAL AERONAUTICS AND
on the supply, distribution, or use of SPACE ADMINISTRATION
1. The authority citation for part 165
energy. The Administrator of the Office continues to read as follows:
of Information and Regulatory Affairs 48 CFR Parts 7, 12, and 39
has not designated it as a significant Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
energy action. Therefore, it does not Chapter 701; 50 U.S.C. 191, 195; 33 CFR [FAR Case 2005–041; Docket 2006–0020;
1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. Sequence 7]
require a Statement of Energy Effects 107–295, 116 Stat. 2064; Department of
under Executive Order 13211. Homeland Security Delegation No. 0170.1. RIN 9000–AK57
Technical Standards 2. Add temporary § 165.T05–079, to
Federal Acquisition Regulation; FAR
The National Technology Transfer read as follows:
Case 2005–041, Internet Protocol
and Advancement Act (NTTAA) (15 § 165.T05–079 Safety Zone; Yorktown Day Version 6 (IPv6)
U.S.C. 272 note) directs agencies to use Celebration Evening Fireworks, York River,
voluntary consensus standards in their Yorktown, VA. AGENCIES: Department of Defense (DoD),
regulatory activities unless the agency General Services Administration (GSA),
(a) Location. The following area is a and National Aeronautics and Space
provides Congress, through the Office of safety zone: All waters on the York
Management and Budget, with an Administration (NASA).
River, from surface to bottom, within
explanation of why using these 1200 feet of the National Park Service ACTION: Proposed rule.
standards would be inconsistent with Beach in Yorktown, VA.
applicable law or otherwise impractical. SUMMARY: The Civilian Agency
(b) Definitions. Designated Acquisition Council and the Defense
Voluntary consensus standards are
representative means any U.S. Coast Acquisition Regulations Council
technical standards (e.g., specifications
Guard commissioned, warrant or petty (Councils) are proposing to amend the
of materials, performance, design, or
officer who has been authorized by the Federal Acquisition Regulation (FAR) to
operation; test methods; sampling
Captain of the Port, Hampton Roads, require Internet Protocol Version 6
procedures; and related management
Virginia to act on his behalf. (IPv6) capable products be included in
systems practices) that are developed or
(c) Regulations. (1) In accordance with information technology procurements to
adopted by voluntary consensus
the general regulations in § 165.23 of the maximum extent practicable.
standards bodies.
this part, entry into this zone is
This proposed rule does not use DATES: Interested parties should submit
prohibited unless authorized by the
technical standards. Therefore, we did written comments to the FAR
Captain of the Port, Hampton Roads or
not consider the use of voluntary Secretariat on or before October 23,
his designated representative.
consensus standards. 2006 to be considered in the
(2) Vessel operators desiring to enter
formulation of a final rule.
Environment or operate within the safety zone must
contact the COTP or the COTP’s ADDRESSES: Submit comments
We have analyzed this proposed rule representative to obtain permission to identified by FAR case 2005–041 by any
under Commandant Instruction do so. Vessel operators given permission of the following methods:
M16475.lD, which guides the Coast to enter or operate in the safety zone, • Federal eRulemaking Portal: http://
Guard in complying with the National and the operators of any vessels in the www.regulations.gov. Search for this
Environmental Policy Act of 1969 immediate vicinity of this safety zone, document at the ‘‘Federal Acquisition
(NEPA) (42 U.S.C. 4321–4370f), and must comply with all directions given to Regulation’’ agency and review the
have made a preliminary determination them by any commissioned, warrant or ‘‘Document Title’’ column; click on the
that there are no factors in this case that petty officer on shore or on board a Document ID number. Click on ‘‘add
would limit the use of a categorical vessel that is displaying a U.S. Coast comments’’.
exclusion under section 2.B.2 of the Guard Ensign. You may also search for any
Instruction. Therefore, we believe that (3) The Captain of the Port, Hampton document using the ‘‘Advanced search/
this rule should be categorically Roads and the Sector Duty Officer at document search’’ tab, selecting from
excluded, under figure 2–1, paragraph Sector Hampton Roads in Portsmouth, the agency field ‘‘Federal Acquisition
(34)(g), of the Instruction, from further Virginia can be contacted at telephone Regulation’’, and typing the FAR case
environmental documentation. number (757) 668–5555 or (757) 484– number in the keyword field.
A preliminary ‘‘Environmental 8192. • Fax: 202–501–4067.
Analysis Check List’’ is available in the (4) The designated representatives • Mail: General Services
docket where indicated under enforcing the safety zone can be Administration, Regulatory Secretariat
ADDRESSES. Comments on this section contacted on VHF–FM 13 and 16. (VIR), 1800 F Street, NW, Room 4035,
will be considered before we make the (d) Effective date. This regulation is ATTN: Laurieann Duarte, Washington,
final decision on whether this rule effective from 8 p.m. to 9 p.m. on DC 20405.
should be categorically excluded from October 19, 2006. Instructions: Please submit comments
further environmental review. only and cite FAR case 2005–041 in all
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Dated: August 11, 2006. correspondence related to this case. All


List of Subjects in 33 CFR Part 165 Patrick B. Trapp, comments received will be posted
Harbors, Marine safety, Navigation Captain, U.S. Coast Guard, Captain of the without change to http://
(water), Reporting and recordkeeping Port, Hampton Roads. www.regulations.gov, including any
requirements, Security measures, [FR Doc. E6–14062 Filed 8–23–06; 8:45 am] personal and/or business confidential
Waterways. BILLING CODE 4910–15–P information provided.

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50012 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules

FOR FURTHER INFORMATION CONTACT For rule is not a major rule under 5 U.S.C. (IPv6) capability requirements as
clarification of content, contact Ms. 804. outlined in OMB Memorandum M–05–
Cecelia Davis, Procurement Analyst, at 22, Transition Planning for Internet
B. Regulatory Flexibility Act
(202) 219–0202. The TTY Federal Relay Protocol Version 6 (IPv6), and
Number for further information is 1– The Councils do not expect this additional requirements for IPv6 at
800–877–8973. For information proposed rule to have a significant http://www.cio.gov.
pertaining to status or publication economic impact on a substantial * * * * *
schedules, contact the FAR Secretariat number of small entities within the
at (202) 501–4755. Please cite FAR case meaning of the Regulatory Flexibility PART 12—ACQUISITION OF
2005–041. Act, 5 U.S.C. 601, et seq., because IPv6 COMMERCIAL ITEMS
SUPPLEMENTARY INFORMATION: requires use of commercially available
products, and no new standards or 3. Amend section 12.202 by adding
A. Background testing is required. An Initial Regulatory paragraph (e) to read as follows:
The internet protocol is one of the Flexibility Analysis has, therefore, not 12.202 Market research and description of
primary mechanisms that define how been performed. We invite comments agency need.
and where information moves across from small businesses and other * * * * *
networks, e.g., voice, video, and text. interested parties. The Councils will (e) Requirements documents for
Currently Internet Protocol Version 4 consider comments from small entities information technology solutions must
(IPv4) is the industry standard used and concerning the affected FAR Parts 7, 12, include Internet Protocol Version 6
has about 4.3 billion address spaces. and 39 in accordance with 5 U.S.C. 610. (IPv6) capability as outlined in the OMB
Key characteristics of IPv6 are designed Interested parties must submit such Memorandum M–05–22, Transition
to significantly increase internet address comments separately and should cite 5 Planning for Internet Protocol Version 6
space, promote flexibility and U.S.C. 601, et seq. (FAR case 2005–041), (IPv6), and additional requirements for
functionality, and enhance security. in correspondence. IPv6 at http://www.whitehouse.gov/
Agencies can reduce costly upgrades C. Paperwork Reduction Act omb/memoranda/fy2005/m05-22.pdf.
and the complexity of transitioning to
IPv6 by proactively integrating IPv6 The Paperwork Reduction Act does PART 39—ACQUISITION OF
requirements into Federal contracts. not apply because the proposed changes INFORMATION TECHNOLOGY
On August 2, 2005, OMB issued a to the FAR do not impose information
collection requirements that require the 4. Amend section 39.101 by adding
memo (Memorandum M–05–22, paragraph (e) to read as follows:
Transition Planning for Internet approval of the Office of Management
Protocol Version 6 (IPv6)) giving and Budget under 44 U.S.C. 3501, et
39.101 Policy.
guidance to agencies to transition from seq.
* * * * *
IPv4 to IPv6, and required agencies to List of Subjects in 48 CFR Parts 7, 12, (e) In acquiring information
implement full use of IPv6 in network and 39 technology solutions, agencies must
backbones by June 2008. OMB further Government procurement. include the appropriate Internet
requires, to the maximum extent Protocol Version 6 (IPv6) capability
practicable, all new IT procurements Dated: August 16, 2006.
requirements as outlined in the OMB
include IPv6 capable products and Ralph De Stefano, Memorandum M–05–22, Transition
systems. Any exceptions to the use of Director, Contract Policy Division. Planning for Internet Protocol Version 6
IPv6 will require advance written Therefore, DoD, GSA, and NASA (IPv6). Agencies must establish
approval from the agency CIO. propose amending 48 CFR parts 7, 12, procedures for exceptions.
This rule proposes amending the FAR and 39 as set forth below: [FR Doc. 06–7126 Filed 8–23–06; 8:45 am]
by— 1. The authority citation for 48 CFR BILLING CODE 6820–EP–S
1. Adding a new paragraph (A)(2) in parts 7, 12, and 39 continues to read as
FAR 7.105 (b)(4)(ii) to ensure agency follows:
planners comply with the Internet
Authority: 40 U.S.C. 121(c); 10 U.S.C. DEPARTMENT OF COMMERCE
Protocol Version 6 (IPv6) capability chapter 137; and 42 U.S.C. 2473(c).
requirements as a part of acquisition
planning; National Oceanic and Atmospheric
PART 7—ACQUISITION PLANNING Administration
2. Adding paragraph (e) to FAR
12.202 to state that requirements 2. Amend section 7.105 by revising
documents for information technology paragraph (b)(4)(ii)(A) to read as 50 CFR Part 622
shall include Internet Protocol Version follows:
[Docket No. 060731206–6206–01; I.D.
6 (IPv6) capable products and services; 7.105 Contents of written acquisition 072806A]
and plans.
3. Adding paragraph (e) to FAR RIN 0648–AS67
* * * * *
39.101 to state when acquiring (b) * * *
information technology, agencies shall Fisheries of the Caribbean, Gulf of
(4) * * *
include the appropriate requirements (ii) * * * Mexico, and South Atlantic; Reef Fish
for Internet Protocol Version 6 (IPv6) (A) For information technology Fishery of the Gulf of Mexico;
capable products and services, and for acquisitions— Amendment 26
agencies to establish procedures for (1) How the capital planning and
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AGENCY: National Marine Fisheries


granting exceptions. investment control requirements of 40 Service (NMFS), National Oceanic and
This is not a significant regulatory U.S.C. 11312 and OMB Circular A–130 Atmospheric Administration (NOAA),
action and, therefore, was not subject to will be met (see 7.103(t) and Part 39); Commerce.
review under Section 6(b) of Executive and ACTION: Proposed rule; request for
Order 12866, Regulatory Planning and (2) How the acquisition will comply
comments.
Review, dated September 30, 1993. This with the Internet Protocol Version 6

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