Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 10 Atlantic Mackerel Limited Access Program and Control Date, 33727-33729 [05-11462]
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Federal Register / Vol. 70, No. 110 / Thursday, June 9, 2005 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Carl
Weber, (202) 358–1784, e-mail:
carl.c.weber@nasa.gov.
Government procurement.
SUPPLEMENTARY INFORMATION:
Tom Luedtke,
Assistant Administrator for Procurement.
A. Background
Since July 13, 2000, the NASA FAR
Supplement has required the Major
Breach of Safety or Security clause
(1852.223–75) in new solicitations and
contracts with an estimated value over
$500,000. The clause declares the
Government’s right to terminate for
default in the event of a major breach of
safety or security. However, contracts
for commercial items procured under
FAR Part 12, and certain contracts for
educational or nonprofit institutions do
not provide the Government the right to
‘‘termination for default’’. Rather, these
contracts include a termination for
cause or termination for convenience
clause only.
NASA Procurement Information
Circular (PIC 02–11) issued June 24,
2002, suggested an alternate to the
clause which deleted references to
termination for default, and provided a
class deviation to use the alternate
under certain circumstances.
This proposed rule would add
Alternate I to the Major Breach of Safety
or Security clause at 1852.223–75,
eliminating the need for PIC 02–01 and
the class deviation. Use of the clause
with its Alternate in contracts for
commercial items procured under FAR
Part 12, and contracts for research and
development work with educational or
nonprofit institutions on a nonprofit or
no-fee basis would then be consistent
with FAR termination clauses
prescribed for use in such contracts.
This proposed rule is not subject to
Office of Management and Budget
review under Executive Order 12866,
dated September 30, 1993.
B. Regulatory Flexibility Act
This proposed rule is not expected to
have a significant economic impact on
a substantial number of small entities
with the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.,
since it clarifies agency regulations so
they are employed consistently with
FAR termination provisions.
C. Paperwork Reduction Act
14:59 Jun 08, 2005
Jkt 205001
Accordingly, 48 CFR parts 1823 and
1852 are proposed to be amended as
follows:
PART 1823—ENVIRONMENT,
CONSERVATION, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
1. The authority citation for 48 CFR
parts 1823 and 1852 continues to read
as follows:
Authority: 42 U.S.C. 2473(c)(1).
2. Amend section 1823.7001 by
revising paragraph (d) to read as
follows:
1823.7001 NASA solicitation provisions
and contract clauses.
*
*
*
*
*
(d)(1) The contracting officer shall
insert the clause at 1852.223–75, Major
Breach of Safety or Security, in all
solicitations and contracts with
estimated values of $500,000 or more,
unless waived at a level above the
contracting officer with the concurrence
of the project manager and the
installation official(s) responsible for
matters of securi ty, export control,
safety, and occupational health.
(2) Insert the clause with its Alternate
I if—
(i) The solicitation or contract is with
an educational or other nonprofit
institution and contains the termination
clause at FAR 52.249; or
(ii) The solicitation or contract is for
commercial items and contains the
termination provisions found in FAR
52.212–4
(3) For contracts with estimated
values below $500,000, use of the clause
is optional.
*
*
*
*
*
PART 1852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Amend section 1852.223–75 by
adding Alternate I to read as follows:
1852.223–75
Security.
*
The Paperwork Reduction Act does
not apply because the changes do not
impose any new recordkeeping or
information collection requirements
which require the approval of the Office
of Management and Budget under 44
U.S.C. 3501 et seq.
VerDate jul<14>2003
List of Subjects in 48 CFR Parts 1823
and 1852
*
Major Breach of Safety or
*
*
(a) Safety is the freedom from those
conditions that can cause death, injury,
occupational illness, damage to or loss
of equipment or property, or damage to
the environment. Safety is essential to
NASA and is a material part of this
contract. NASA’s safety priority is to
protect:
(1) The public; (2) astronauts and
pilots; (3) the NASA workforce
(including contractor employees
working on NASA contracts); and (4)
high-value equipment and property. A
major breach of safety may constitute a
breach of contract that entitles the
Government to exercise any of its rights
and remedies applicable to material
parts of this contract, including
termination. A major breach of safety
must b e related directly to the work on
the contract. A major breach of safety is
an act or omission of the Contractor that
consists of an accident, incident, or
exposure resulting in a fatality or
mission failure; or in damage to
equipment or property equal to or
greater than $1 million; or in any
‘‘willful’’ or ‘‘repeat’’ violation cited by
the Occupation al Safety and Health
Administration (OSHA) or by a state
agency operating under an OSHA
approved plan.
(b) Security is the condition of
safeguarding against espionage,
sabotage, crime (including computer
crime), or attack. A major breach of
security may constitute a breach of
contract that entitles the Government to
exercise any of its rights and remedies
applicable to material parts of this
contract, including termination. A major
breach of security may occur on or off
Government installations, but must be
related directly to the work on the
contract. A major breach of security is
an act or omission by the Contractor that
results in compromise of classified
information, illegal technology transfer,
workplace violence resulting in criminal
conviction, sabotage, compromise or
denial of information technology
services, equipment or property damage
from vandalism greater than $250,000,
or theft greater than $250,000.
[FR Doc. 05–11419 Filed 6–8–05; 8:45 am]
BILLING CODE 7510–01–P
*
ALTERNATE I
(XX/XX)
As prescribed in 1823.7001(d)(ii),
substitute the following paragraphs (a)
and (b) for paragraphs (a) and (b) of the
basic clause:
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Fmt 4702
Sfmt 4702
33727
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33728
Federal Register / Vol. 70, No. 110 / Thursday, June 9, 2005 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[I.D. 060105B]
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Amendment 10
Atlantic Mackerel Limited Access
Program and Control Date
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; advance notice of
proposed rulemaking (ANPR);
reaffirmation of a control date; notice of
intent to develop a limited access
program; request for comments.
AGENCY:
SUMMARY: NMFS announces that it is
considering, and is seeking public
comment on, proposed rulemaking to
control future access to the Atlantic
mackerel fishery if a management
regime is developed and implemented
under the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) to limit the
number of participants in this fishery in
Amendment 10 to the Atlantic
Mackerel, Squid, and Butterfish Fishery
Management Plan (FMP). This
announcement alerts interested parties
of potential eligibility criteria for future
access so as to discourage speculative
entry into the fishery while the MidAtlantic Fishery Management Council
(Council) considers how access to the
Atlantic mackerel fishery should be
controlled. NMFS also reaffirms, on
behalf of the Council, the most recent
control date of July 5, 2002, for this
fishery, which may be used for
establishing eligibility criteria for
determining levels of future access to
the Atlantic mackerel fishery; informs
the public that the Council is
developing such a program in
Amendment 10 to the FMP as
expeditiously as possible; and notifies
the public of several measures that are
under consideration by the Council for
inclusion in Amendment 10.
DATES: Written comments must be
received on or before 5 p.m., local time,
July 11, 2005.
ADDRESSES: Comments may be
submitted as follows:
• Written comments should be sent to
Patricia A. Kurkul, Regional
Administrator, NMFS, One Blackburn
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
VerDate jul<14>2003
14:59 Jun 08, 2005
Jkt 205001
Atlantic Mackerel Reaffirmation of
Control Date.’’
• Comments may be sent via
facsimile (fax) to: (978) 281–9135.
• Comments may be submitted by email. The mailbox address for providing
e-ail comments is MackContDate.gov.
Include in the subject line of the e-mail
comment the following document
identifier: ‘‘Comments-Atlantic
Mackerel Amendment 10.’’• Comments
may also be submitted electronically
through the Federal e-Rulemaking
portal: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Eric
Jay Dolin, Fishery Policy Analyst, 978–
281–9259; fax 978–281–9135. email:
eric.dolin@noaa.gov.
SUPPLEMENTARY INFORMATION: Atlantic
mackerel (Scomber scombrus) is a
migratory species that supports
important recreational and commercial
fisheries along the Atlantic coast of the
United States and Canada. The Council
has considered the possibility of
limiting entry to the Atlantic mackerel
fishery for more than a decade. An
initial notification establishing a control
date of August 13, 1992, for all of the
fisheries included in the FMP (i.e.,
Atlantic mackerel, Loligo and Illex
squids, and Atlantic butterfish) was
published on August 13, 1992 (57 FR
36384). That document announced that,
as of that date, no vessel would be
guaranteed entry into a limited access
fishery under the FMP, if the Council
chose to implement such a program.
The 1992 control date was rescinded for
the Atlantic mackerel fishery on
September 27, 1994 (59 FR 49235),
because the Council and NMFS
concluded that information regarding
biomass levels, fishing levels, fishing
effort, and catch indicated that the
Atlantic mackerel fishery would not
require limited access management in
the foreseeable future. Rescission of the
1992 control date also was intended to
remove a disincentive to fish for what
was then considered an underutilized
resource (Atlantic mackerel).
In Amendment 5 to the FMP, the
Council proposed a provision to require
the Secretary of Commerce (Secretary)
to publish a control date for the Atlantic
mackerel fishery when commercial
landings reached 50 percent of its
allowable biological catch. NMFS did
not include that provision in the
proposed rule for Amendment 5 (60 FR
65618, December 20, 1995), because the
proposed measure was not appropriate
to implement by regulation, but rather
was an expression of the Council’s
intent.
In May 1997, the Council requested
that NMFS publish an ANPR
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
reestablishing a control date for the
Atlantic mackerel fishery. The Council
intended the control date to discourage
speculative entry of new vessels into the
Atlantic mackerel fishery while the
Council considered development of a
management program to control the rate
of capitalization. As a result, NMFS
published an ANPR (62 FR 48047,
September 12, 1997) that established a
control date of September 12, 1997.
Although the Council intended to
develop a controlled access program for
the Atlantic mackerel fishery through an
amendment to the FMP soon after
establishing the 1997 control date,
subsequent FMP amendments focused
on other issues, such as implementation
of Sustainable Fisheries Act
requirements.
In 2002, the Council became aware
that domestic processing capacity for
Atlantic mackerel could increase
rapidly in the near future based on
testimony from members of the
harvesting and processing sectors of the
industry indicating that there was
significant interest in expansion of
domestic shore-side processing for
Atlantic mackerel. Because the Council
was concerned about rapid expansion of
harvesting capacity in the fishery,
possible overcapitalization, and the fact
that nearly 5 years had passed since the
1997 control date was established, the
Council requested, in April 2002, that a
new control date for the Atlantic
mackerel fishery be established. As a
result, NMFS published an ANPR on
July 5, 2002 (67 FR 44792), which
established that date as the new control
date for the Atlantic mackerel fishery.
The ANPR was again intended to
discourage speculative entry into the
fishery while potential management
regimes to control access into the
fishery were discussed and possibly
developed by the Council, and to help
the Council distinguish established
participants from speculative entrants to
the fishery, should such a program be
developed. The ANPR noted that the
control date did not commit the Council
to develop any particular management
regime or to use any specific criteria for
determining entry to the fishery.
However, it did inform the public that
the Council might undertake rulemaking
in the future to implement a limited
access program and that interested
participants in the Atlantic mackerel
fishery should locate and preserve
records that could be used to
substantiate and verify their
participation in the Atlantic mackerel
fishery.
On March 4, 2005 (70 FR 10605), the
Council published a notice of intent to
prepare a Supplemental Environmental
E:\FR\FM\09JNP1.SGM
09JNP1
Federal Register / Vol. 70, No. 110 / Thursday, June 9, 2005 / Proposed Rules
Impact Statement to consider impacts of
alternatives for limiting access to the
Atlantic mackerel fishery. The Council
subsequently conducted scoping
meetings on development of a limited
access program for Atlantic mackerel
which the Council planned to include
in Amendment 9 to the FMP. However,
because the Council has decided to
complete and submit for review by the
Secretary of Commerce several other
measures in Amendment 9 that are
farther along in their development than
the mackerel limited access program,
the Council voted on May 4, 2005, to
complete Amendment 9 without a
limited access program for the Atlantic
mackerel fishery, and to pursue the
Atlantic mackerel limited access
program through Amendment 10 to the
FMP, which it will develop as
expeditiously as possible, and
concurrently with its completion of
Amendment 9.
Because of concerns that the Atlantic
mackerel fishery is at, or very near, the
harvesting capacity that can be
sustained by the long-term potential
yield of the Atlantic mackerel resource,
and because the development of a
limited access program is typically
complex and takes substantial time to
complete, the Council also voted on
May 4, 2005, to request that NMFS
publish an ANPR to reaffirm the most
VerDate jul<14>2003
14:59 Jun 08, 2005
Jkt 205001
recent control date for this fishery, i.e.,
July 5, 2002, and to notify the public of
its development of a limited access
program in Amendment 10. Further, the
Council requested that the public be
notified that it is considering the
following measures in Amendment 10:
Qualification dates for the Atlantic
mackerel fishery between 1983 and
2005; tiered levels of entry to the
fishery; and, limitations on the size and/
or allowable levels of participation of
U.S. at-sea domestic processing in the
fishery. Other measures may be
considered; announcement of these
measures is for informational purposes
only and does not commit the Council
to these or any other specific measures.
In order to be approved and
implemented, any measures proposed
by the Council in Amendment 10 must
be found consistent with the
requirements of the Magnuson-Stevens
Act and other applicable law. The
public will have the opportunity to
comment on the measures and
alternatives being considered by the
Council through public meetings and
public comment periods required by the
National Environmental Policy Act and
the Magnuson-Stevens Act, and as
provided by the Administrative
Procedure Act.
This reaffirmation of the July 5, 2002,
control date is intended to strongly
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
33729
discourage speculative entry into the
fishery while limited access measures
are developed and considered by the
Council. The control date may be used
by the Council to distinguish
established participants from
speculative entrants to the fishery.
Although vessels that have entered, or
that will enter the fishery after the
control date are not ensured future
access to the Atlantic mackerel fishery
on the grounds of previous
participation, additional and/or other
qualifying criteria may also be applied.
Consideration of a control date does not
commit the Council or NMFS to develop
any particular management system or
criteria for participation in this fishery.
The Council may choose a different
control date, or may choose a
management program that does not
make use of such a date. This
notification also reminds the public that
interested participants should locate
and preserve records that substantiate
and verify their participation in the
Atlantic mackerel fishery in Federal
waters.
Dated: June 3, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–11462 Filed 6–8–05; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\09JNP1.SGM
09JNP1
]]>Agencies
[Federal Register Volume 70, Number 110 (Thursday, June 9, 2005)]
[Proposed Rules]
[Pages 33727-33729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11462]
[[Page 33728]]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[I.D. 060105B]
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Amendment 10 Atlantic Mackerel Limited
Access Program and Control Date
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; advance notice of proposed rulemaking (ANPR);
reaffirmation of a control date; notice of intent to develop a limited
access program; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that it is considering, and is seeking public
comment on, proposed rulemaking to control future access to the
Atlantic mackerel fishery if a management regime is developed and
implemented under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) to limit the number of
participants in this fishery in Amendment 10 to the Atlantic Mackerel,
Squid, and Butterfish Fishery Management Plan (FMP). This announcement
alerts interested parties of potential eligibility criteria for future
access so as to discourage speculative entry into the fishery while the
Mid-Atlantic Fishery Management Council (Council) considers how access
to the Atlantic mackerel fishery should be controlled. NMFS also
reaffirms, on behalf of the Council, the most recent control date of
July 5, 2002, for this fishery, which may be used for establishing
eligibility criteria for determining levels of future access to the
Atlantic mackerel fishery; informs the public that the Council is
developing such a program in Amendment 10 to the FMP as expeditiously
as possible; and notifies the public of several measures that are under
consideration by the Council for inclusion in Amendment 10.
DATES: Written comments must be received on or before 5 p.m., local
time, July 11, 2005.
ADDRESSES: Comments may be submitted as follows:
Written comments should be sent to Patricia A. Kurkul,
Regional Administrator, NMFS, One Blackburn Drive, Gloucester, MA
01930. Mark the outside of the envelope, ``Comments on Atlantic
Mackerel Reaffirmation of Control Date.''
Comments may be sent via facsimile (fax) to: (978) 281-
9135.
Comments may be submitted by e-mail. The mailbox address
for providing e-ail comments is MackContDate.gov. Include in the
subject line of the e-mail comment the following document identifier:
``Comments-Atlantic Mackerel Amendment 10.'' Comments may also
be submitted electronically through the Federal e-Rulemaking portal:
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Eric Jay Dolin, Fishery Policy
Analyst, 978-281-9259; fax 978-281-9135. email: eric.dolin@noaa.gov.
SUPPLEMENTARY INFORMATION: Atlantic mackerel (Scomber scombrus) is a
migratory species that supports important recreational and commercial
fisheries along the Atlantic coast of the United States and Canada. The
Council has considered the possibility of limiting entry to the
Atlantic mackerel fishery for more than a decade. An initial
notification establishing a control date of August 13, 1992, for all of
the fisheries included in the FMP (i.e., Atlantic mackerel, Loligo and
Illex squids, and Atlantic butterfish) was published on August 13, 1992
(57 FR 36384). That document announced that, as of that date, no vessel
would be guaranteed entry into a limited access fishery under the FMP,
if the Council chose to implement such a program. The 1992 control date
was rescinded for the Atlantic mackerel fishery on September 27, 1994
(59 FR 49235), because the Council and NMFS concluded that information
regarding biomass levels, fishing levels, fishing effort, and catch
indicated that the Atlantic mackerel fishery would not require limited
access management in the foreseeable future. Rescission of the 1992
control date also was intended to remove a disincentive to fish for
what was then considered an underutilized resource (Atlantic mackerel).
In Amendment 5 to the FMP, the Council proposed a provision to
require the Secretary of Commerce (Secretary) to publish a control date
for the Atlantic mackerel fishery when commercial landings reached 50
percent of its allowable biological catch. NMFS did not include that
provision in the proposed rule for Amendment 5 (60 FR 65618, December
20, 1995), because the proposed measure was not appropriate to
implement by regulation, but rather was an expression of the Council's
intent.
In May 1997, the Council requested that NMFS publish an ANPR
reestablishing a control date for the Atlantic mackerel fishery. The
Council intended the control date to discourage speculative entry of
new vessels into the Atlantic mackerel fishery while the Council
considered development of a management program to control the rate of
capitalization. As a result, NMFS published an ANPR (62 FR 48047,
September 12, 1997) that established a control date of September 12,
1997. Although the Council intended to develop a controlled access
program for the Atlantic mackerel fishery through an amendment to the
FMP soon after establishing the 1997 control date, subsequent FMP
amendments focused on other issues, such as implementation of
Sustainable Fisheries Act requirements.
In 2002, the Council became aware that domestic processing capacity
for Atlantic mackerel could increase rapidly in the near future based
on testimony from members of the harvesting and processing sectors of
the industry indicating that there was significant interest in
expansion of domestic shore-side processing for Atlantic mackerel.
Because the Council was concerned about rapid expansion of harvesting
capacity in the fishery, possible overcapitalization, and the fact that
nearly 5 years had passed since the 1997 control date was established,
the Council requested, in April 2002, that a new control date for the
Atlantic mackerel fishery be established. As a result, NMFS published
an ANPR on July 5, 2002 (67 FR 44792), which established that date as
the new control date for the Atlantic mackerel fishery. The ANPR was
again intended to discourage speculative entry into the fishery while
potential management regimes to control access into the fishery were
discussed and possibly developed by the Council, and to help the
Council distinguish established participants from speculative entrants
to the fishery, should such a program be developed. The ANPR noted that
the control date did not commit the Council to develop any particular
management regime or to use any specific criteria for determining entry
to the fishery. However, it did inform the public that the Council
might undertake rulemaking in the future to implement a limited access
program and that interested participants in the Atlantic mackerel
fishery should locate and preserve records that could be used to
substantiate and verify their participation in the Atlantic mackerel
fishery.
On March 4, 2005 (70 FR 10605), the Council published a notice of
intent to prepare a Supplemental Environmental
[[Page 33729]]
Impact Statement to consider impacts of alternatives for limiting
access to the Atlantic mackerel fishery. The Council subsequently
conducted scoping meetings on development of a limited access program
for Atlantic mackerel which the Council planned to include in Amendment
9 to the FMP. However, because the Council has decided to complete and
submit for review by the Secretary of Commerce several other measures
in Amendment 9 that are farther along in their development than the
mackerel limited access program, the Council voted on May 4, 2005, to
complete Amendment 9 without a limited access program for the Atlantic
mackerel fishery, and to pursue the Atlantic mackerel limited access
program through Amendment 10 to the FMP, which it will develop as
expeditiously as possible, and concurrently with its completion of
Amendment 9.
Because of concerns that the Atlantic mackerel fishery is at, or
very near, the harvesting capacity that can be sustained by the long-
term potential yield of the Atlantic mackerel resource, and because the
development of a limited access program is typically complex and takes
substantial time to complete, the Council also voted on May 4, 2005, to
request that NMFS publish an ANPR to reaffirm the most recent control
date for this fishery, i.e., July 5, 2002, and to notify the public of
its development of a limited access program in Amendment 10. Further,
the Council requested that the public be notified that it is
considering the following measures in Amendment 10: Qualification dates
for the Atlantic mackerel fishery between 1983 and 2005; tiered levels
of entry to the fishery; and, limitations on the size and/or allowable
levels of participation of U.S. at-sea domestic processing in the
fishery. Other measures may be considered; announcement of these
measures is for informational purposes only and does not commit the
Council to these or any other specific measures. In order to be
approved and implemented, any measures proposed by the Council in
Amendment 10 must be found consistent with the requirements of the
Magnuson-Stevens Act and other applicable law. The public will have the
opportunity to comment on the measures and alternatives being
considered by the Council through public meetings and public comment
periods required by the National Environmental Policy Act and the
Magnuson-Stevens Act, and as provided by the Administrative Procedure
Act.
This reaffirmation of the July 5, 2002, control date is intended to
strongly discourage speculative entry into the fishery while limited
access measures are developed and considered by the Council. The
control date may be used by the Council to distinguish established
participants from speculative entrants to the fishery. Although vessels
that have entered, or that will enter the fishery after the control
date are not ensured future access to the Atlantic mackerel fishery on
the grounds of previous participation, additional and/or other
qualifying criteria may also be applied. Consideration of a control
date does not commit the Council or NMFS to develop any particular
management system or criteria for participation in this fishery. The
Council may choose a different control date, or may choose a management
program that does not make use of such a date. This notification also
reminds the public that interested participants should locate and
preserve records that substantiate and verify their participation in
the Atlantic mackerel fishery in Federal waters.
Dated: June 3, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-11462 Filed 6-8-05; 8:45 am]
BILLING CODE 3510-22-S
