Fisheries of the Caribbean, Gulf of Mexico and South Atlantic; Comprehensive Ecosystem-Based Amendment 1, 9864-9866 [2010-4623]
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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules
RELEASE OF RESTRICTED INFORMATION
(XX/XX)
(a) Definition. ‘‘Restricted information,’’ as
used in this clause, means recorded
information, regardless of form or the media
on which it may be recorded, the use and
dissemination of which is restricted, and
includes:
(1) Limited rights data;
(2) Restricted computer software;
(3) Information incidental to contract
administration, such as financial,
administrative, cost or pricing, or
management information that embody trade
secrets or are commercial or financial and
confidential or privileged; and
(4) Information designated by NASA as
Sensitive But Unclassified (SBU).
(b) In performance of NASA contracts,
contractors, as well as their subcontractors
and their individual employees, may require
access to restricted information in the
Government’s possession. The Contractor
agrees that, where needed for the
performance of a NASA contract, NASA may
release to its contractors, and their
subcontractors, restricted information
delivered during the course of this contract.
Additionally, offerors agree that restricted
information submitted with their proposals
may be provided to NASA service contractors
that assist NASA with contract closeout. If
suitably marked with a legend indicating that
use and disclosure of restricted information
is restricted, such restricted information will
be subject to the enumerated protections
mandated by this clause and the clause at
1852.227–73, Handling and Protection of
Restricted Information. The Contractor’s
limited rights data and restricted computer
software will be provided to other NASA
contractors or subcontractors only as
authorized by the clause at 52.227–14, Rights
in Data—General, Alternates II and III (as
modified by 1852–227–14, if applicable).
(c) For purposes of marking such restricted
information, the Contractor may, in addition
to any other notice or legend otherwise
required (e.g., notices required under the
clause at 52.227–14, Rights in Data—General,
Alternates II and III), use a notice similar to
the following:
Mark the title page with the following
legend:
This document was submitted by [insert
submitter’s name] in performance Contract
No. [insert contract no.]. Submitter asserts
that this document contains restricted
information that embodies trade secrets or is
commercial or financial and privileged or
confidential. Such information shall not be
disclosed outside of NASA except in
accordance with the clause at NFS 1852.227–
73, Handling and Protection of Restricted
Information. This restriction does not limit
the Government’s right to use this restricted
information if it is obtained from another
source without restriction. The restricted
information subject to this notice is
contained in pages [insert page numbers or
other identification of pages].
Mark each page containing restricted
information the Contractor wishes to restrict
with the following legend:
This page contains restricted information
and is subject to the restriction on the title
page of this document.
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(d) The Contracting Officer shall evaluate
restricted information marked in accordance
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Contracting Officer decides, with the advice
of Center legal counsel, that reasonable
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shall comply with all of the safeguards
contained in paragraph (e) of this clause and
the clause at 1852.227–73, Handling and
Protection of Restricted Information.
(e) To receive access to restricted
information needed to assist NASA in
accomplishing NASA mission activities and
management and administrative functions,
the Contractor or subcontractor must be
operating under a contract that contains the
clause at 1852.227–73, Handling and
Protection of Restricted Information, which
obligates the Contractor or subcontractor,
with respect to restricted information marked
with a legend indicating that use and
disclosure of the information is restricted, to
do the following:
(1) Use such restricted information only for
the purpose of performing the services
specified in its contract, and not appropriate
the restricted information to its own or
another’s use;
(2) Safeguard such restricted information
from unauthorized use and disclosure;
(3) Allow access to such restricted
information only to those employees and
subcontractors that need it to perform
services under the contract;
(4) Preclude access and disclosure of such
restricted information to persons and entities
outside of the contractor’s or its
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(5) Inform employees who may require
access to such restricted information about
obligations to use it only to perform the
services specified in its contract and to
safeguard it from unauthorized use and
disclosure;
(6) Require that each employee that has
access to restricted information complies
with the obligations regarding restricted
information included in this clause; and
(7) Return or dispose of such restricted
information, as NASA may direct, when the
restricted information is no longer needed for
performance of work under the contract.
(f) Exceptions. The obligations and
prohibitions of paragraph (e) of this clause do
not apply to restricted information which the
receiving contractor can demonstrate to the
Contracting Officer—
(1) Was publicly available at the time of
receipt by the receiving contractor or
thereafter becomes publicly available without
breach of the receiving contractor’s contract;
(2) Was known to, in the possession of, or
developed by or for the receiving contractor
independently of the restricted information
received from the Government and such
knowledge, possession, or independent
development can be shown;
(3) Was received by the receiving
contractor from a party other than the owner
of the restricted information, who has the
authority to release the restricted information
and did not require the receiving contractor
to hold it in confidence;
(4) Is released to or becomes available to
a third party on an unrestricted basis from
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the owner of the restricted information,
someone acting under the owner’s control, or
with the prior written approval of the owner;
or
(5) Is required to be released under a valid
order of a court or Government agency,
provided that the Contractor provides prior
written notice to the owner of the restricted
information of such obligation and the
opportunity to oppose such disclosure.
(g) When a contractor will have primary
responsibility for operating an information
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contract shall also include the clause at
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Unclassified Information Technology
Resources. The Security Requirements clause
requires the contractor to implement an
Information Technology Security Plan to
protect information processed, stored, or
transmitted from unauthorized access,
alteration, disclosure, or use. Contractor
personnel requiring privileged access or
limited privileged access to these information
technology systems are subject to screening
using the standard National Agency Check
(NAC) forms appropriate to the level of risk
for adverse impact to NASA missions. The
Contracting Officer may allow the Contractor
to conduct its own screening, provided the
contractor employs substantially equivalent
screening procedures.
(h) This clause does not affect NASA’s
responsibilities under the Freedom of
Information Act.
(i) Subcontracts. The Contractor shall
insert, or require the insertion of, this clause,
including this paragraph (i), suitably
modified to reflect the relationship of the
parties, in all subcontracts (regardless of tier).
(End of clause)
1852.237–72 and 1852.237–73
[Removed]
6. Remove sections 1852.237–72 and
1852.237–73.
[FR Doc. 2010–4408 Filed 3–3–10; 8:45 am]
BILLING CODE 7510–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–AY32
Fisheries of the Caribbean, Gulf of
Mexico and South Atlantic;
Comprehensive Ecosystem-Based
Amendment 1
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability (NOA);
request for comments.
SUMMARY: The South Atlantic Fishery
Management Council (Council) has
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04MRP1
sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules
submitted CE-BA 1 which includes
amendments to the following South
Atlantic fishery management plans
(FMPs): the FMP for Coral, Coral reefs,
and Live/Hard Bottom Habitats of the
South Atlantic Region (Coral FMP); the
FMP for the Dolphin and Wahoo
Fishery off the Atlantic States (Dolphin
and Wahoo FMP); the FMP for Golden
Crab of the South Atlantic Region
(Golden Crab FMP); the FMP for the
Shrimp Fishery of the South Atlantic
Region (Shrimp FMP); and the FMP for
the Snapper-Grouper Fishery of the
South Atlantic Region (SnapperGrouper FMP), as prepared and
submitted by the South Atlantic Fishery
Management Council (Council); as well
as the FMP for Coastal Migratory Pelagic
(CMP) Resources (CMP FMP); and the
FMP for the Spiny Lobster Fishery of
the Gulf of Mexico and South Atlantic
(Spiny Lobster FMP), as prepared and
submitted by the South Atlantic and
Gulf of Mexico Fishery Management
Councils.
Management actions proposed in CEBA 1 include the establishment of
deepwater Coral Habitat Areas of
Particular Concern (CHAPCs) to protect
what is currently thought to be the
largest distribution (>23,000 square
miles) of pristine deepwater coral
ecosystems in the world. Actions in the
amendment would prohibit the use of
bottom damaging fishing gear and allow
for the creation of allowable fishing
zones within the CHAPCs in the
historical fishing grounds of the golden
crab and deepwater shrimp fisheries
while extending protection for
deepwater coral ecosystems. CE-BA 1
would also amend the Coral, Shrimp,
Coastal Migratory Pelagics, Golden Crab,
Spiny Lobster, Dolphin-Wahoo, and
Snapper-Grouper FMPs to provide
spatial information on previously
designated essential fish habitat (EFH).
DATES: Comments must be received no
later than 5 p.m., eastern time, on May
3, 2010.
ADDRESSES: Comments on CE-BA 1,
identified by 0648–AY32, may be
submitted by any one of the following
methods:
• Electronic submissions: Submit all
electronic public comments via the
Federal rule-making portal:
www.regulations.gov
• Mail: Karla Gore, NMFS, Southeast
Regional Office, 263 13th Avenue
South, St. Petersburg, FL 33701.
• Fax: (727) 824–8308 Attn: Karla
Gore.
Instructions: No comments will be
posted for public viewing until after the
comment period is over. All comments
received are a part of the public record
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16:36 Mar 03, 2010
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and will generally be posted to
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. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
Copies of CE-BA 1, which includes a
final environmental impact statement, a
regulatory impact review, a regulatory
flexibility analysis, and a fishery impact
statement are available from the South
Atlantic Fishery Management Council,
4055 Faber Place, Suite 201, North
Charleston, SC 29405; telephone 843–
571–4366; fax 843–769–4520; e-mail
safmc@safmc.net.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, telephone: 727–824–5305;
fax: 727–824–5308; e-mail:
Karla.Gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fisheries for coastal migratory pelagics;
coral, coral reefs, and live/hard bottom
habitats; dolphin and wahoo; golden
crab; shrimp; spiny lobster; and
snapper-grouper off the southern
Atlantic states are managed under their
respective FMPs. The FMPs were
prepared by the Council and are
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
Background
Management actions proposed in CEBA 1 include the establishment of
CHAPCs in which the use of bottom
damaging fishing gear would be
prohibited. These CHAPCs would
protect what is currently believed to be
the largest distribution (>60,000 square
kilometers; >23,000 square miles) of
deepwater coral ecosystems in the
world. Currently, these areas are
relatively undisturbed by the impacts of
fishing. The underlying need for this
action is to protect deepwater coral
ecosystems in the Council’s jurisdiction,
which are currently thought to be in
pristine condition, from future activities
that could compromise their condition.
Failure to establish and protect these
deepwater coral habitats may create
negative biological impacts on the
deepwater coral ecosystem and
associated fauna if destructive fishing
practices develop and expand into the
deepwater coral ecosystems. CE-BA 1
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9865
includes alternatives to determine
which areas in the South Atlantic to
designate as CHAPCs.
Currently, the only commercial
fisheries that operate in the areas are the
wreckfish, golden crab, and deepwater
shrimp fisheries. The amendment
includes alternatives that would allow
creation of ‘‘allowable golden crab
fishing areas’’ and ‘‘shrimp fishery
access areas’’ that would allow these
fisheries to continue with little or no
negative impacts to deepwater coral
ecosystems. The wreckfish fishery
would not be impacted by the
designations of the CHAPCs.
CE-BA 1 would also address the need
for spatial representations of previously
designated EFH and EFH-HAPCs. Thus,
this document proposes to amend the
following fishery management plans
(FMPs) to include such EFH and EFHHAPC spatial information: Coral FMP;
CMP FMP; Shrimp FMP; Golden Crab
FMP; Spiny Lobster FMP; DolphinWahoo FMP; and the Snapper-Grouper
FMP.
The amendment contains alternatives
for monitoring the golden crab fishery
within the proposed CHAPCs. The
Council has selected the ‘‘no action’’
alternative as preferred for this action
due to concerns with feasibility and
enforcement.
The Council has submitted CE-BA 1
for Secretarial review, approval and
implementation. NMFS’s decision to
approve, partially approve or
disapprove CE-BA 1 will be based, in
part, on consideration of comments,
recommendations, and information
received during the comment period on
this NOA. A proposed rule will be
published in the Federal Register for
public comment. After considering
public comment on the NOA, and
consistency with the Magnuson-Stevens
Act and other applicable laws, NMFS
will publish a notice of agency action in
the Federal Register announcing the
Agency’s decision to approve, partially
approve or disapprove CE-BA 1, and the
associated rationale. If approved, the
provisions of CE-BA 1 would be
specified in a final rule published in the
Federal Register.
Consideration of Public Comments
Public comments received by 5 p.m.
eastern time on May 3, 2010 will be
considered by NMFS in the approval/
disapproval decision regarding CE-BA 1.
Authority: 16 U.S.C. 1801 et seq.
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9866
Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules
Dated: February 26, 2010.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–4623 Filed 3–3–10; 8:45 am]
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]]>Agencies
[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Proposed Rules]
[Pages 9864-9866]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4623]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-AY32
Fisheries of the Caribbean, Gulf of Mexico and South Atlantic;
Comprehensive Ecosystem-Based Amendment 1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability (NOA); request for comments.
-----------------------------------------------------------------------
SUMMARY: The South Atlantic Fishery Management Council (Council) has
[[Page 9865]]
submitted CE-BA 1 which includes amendments to the following South
Atlantic fishery management plans (FMPs): the FMP for Coral, Coral
reefs, and Live/Hard Bottom Habitats of the South Atlantic Region
(Coral FMP); the FMP for the Dolphin and Wahoo Fishery off the Atlantic
States (Dolphin and Wahoo FMP); the FMP for Golden Crab of the South
Atlantic Region (Golden Crab FMP); the FMP for the Shrimp Fishery of
the South Atlantic Region (Shrimp FMP); and the FMP for the Snapper-
Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as
prepared and submitted by the South Atlantic Fishery Management Council
(Council); as well as the FMP for Coastal Migratory Pelagic (CMP)
Resources (CMP FMP); and the FMP for the Spiny Lobster Fishery of the
Gulf of Mexico and South Atlantic (Spiny Lobster FMP), as prepared and
submitted by the South Atlantic and Gulf of Mexico Fishery Management
Councils.
Management actions proposed in CE-BA 1 include the establishment of
deepwater Coral Habitat Areas of Particular Concern (CHAPCs) to protect
what is currently thought to be the largest distribution (>23,000
square miles) of pristine deepwater coral ecosystems in the world.
Actions in the amendment would prohibit the use of bottom damaging
fishing gear and allow for the creation of allowable fishing zones
within the CHAPCs in the historical fishing grounds of the golden crab
and deepwater shrimp fisheries while extending protection for deepwater
coral ecosystems. CE-BA 1 would also amend the Coral, Shrimp, Coastal
Migratory Pelagics, Golden Crab, Spiny Lobster, Dolphin-Wahoo, and
Snapper-Grouper FMPs to provide spatial information on previously
designated essential fish habitat (EFH).
DATES: Comments must be received no later than 5 p.m., eastern time, on
May 3, 2010.
ADDRESSES: Comments on CE-BA 1, identified by 0648-AY32, may be
submitted by any one of the following methods:
Electronic submissions: Submit all electronic public
comments via the Federal rule-making portal: www.regulations.gov
Mail: Karla Gore, NMFS, Southeast Regional Office, 263
13th Avenue South, St. Petersburg, FL 33701.
Fax: (727) 824-8308 Attn: Karla Gore.
Instructions: No comments will be posted for public viewing until
after the comment period is over. All comments received are a part of
the public record and will generally be posted to 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. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of CE-BA 1, which includes a final environmental impact
statement, a regulatory impact review, a regulatory flexibility
analysis, and a fishery impact statement are available from the South
Atlantic Fishery Management Council, 4055 Faber Place, Suite 201, North
Charleston, SC 29405; telephone 843-571-4366; fax 843-769-4520; e-mail
safmc@safmc.net.
FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-824-5305;
fax: 727-824-5308; e-mail: Karla.Gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory
pelagics; coral, coral reefs, and live/hard bottom habitats; dolphin
and wahoo; golden crab; shrimp; spiny lobster; and snapper-grouper off
the southern Atlantic states are managed under their respective FMPs.
The FMPs were prepared by the Council and are implemented under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.
Background
Management actions proposed in CE-BA 1 include the establishment of
CHAPCs in which the use of bottom damaging fishing gear would be
prohibited. These CHAPCs would protect what is currently believed to be
the largest distribution (>60,000 square kilometers; >23,000 square
miles) of deepwater coral ecosystems in the world. Currently, these
areas are relatively undisturbed by the impacts of fishing. The
underlying need for this action is to protect deepwater coral
ecosystems in the Council's jurisdiction, which are currently thought
to be in pristine condition, from future activities that could
compromise their condition. Failure to establish and protect these
deepwater coral habitats may create negative biological impacts on the
deepwater coral ecosystem and associated fauna if destructive fishing
practices develop and expand into the deepwater coral ecosystems. CE-BA
1 includes alternatives to determine which areas in the South Atlantic
to designate as CHAPCs.
Currently, the only commercial fisheries that operate in the areas
are the wreckfish, golden crab, and deepwater shrimp fisheries. The
amendment includes alternatives that would allow creation of
``allowable golden crab fishing areas'' and ``shrimp fishery access
areas'' that would allow these fisheries to continue with little or no
negative impacts to deepwater coral ecosystems. The wreckfish fishery
would not be impacted by the designations of the CHAPCs.
CE-BA 1 would also address the need for spatial representations of
previously designated EFH and EFH-HAPCs. Thus, this document proposes
to amend the following fishery management plans (FMPs) to include such
EFH and EFH-HAPC spatial information: Coral FMP; CMP FMP; Shrimp FMP;
Golden Crab FMP; Spiny Lobster FMP; Dolphin-Wahoo FMP; and the Snapper-
Grouper FMP.
The amendment contains alternatives for monitoring the golden crab
fishery within the proposed CHAPCs. The Council has selected the ``no
action'' alternative as preferred for this action due to concerns with
feasibility and enforcement.
The Council has submitted CE-BA 1 for Secretarial review, approval
and implementation. NMFS's decision to approve, partially approve or
disapprove CE-BA 1 will be based, in part, on consideration of
comments, recommendations, and information received during the comment
period on this NOA. A proposed rule will be published in the Federal
Register for public comment. After considering public comment on the
NOA, and consistency with the Magnuson-Stevens Act and other applicable
laws, NMFS will publish a notice of agency action in the Federal
Register announcing the Agency's decision to approve, partially approve
or disapprove CE-BA 1, and the associated rationale. If approved, the
provisions of CE-BA 1 would be specified in a final rule published in
the Federal Register.
Consideration of Public Comments
Public comments received by 5 p.m. eastern time on May 3, 2010 will
be considered by NMFS in the approval/disapproval decision regarding
CE-BA 1.
Authority: 16 U.S.C. 1801 et seq.
[[Page 9866]]
Dated: February 26, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-4623 Filed 3-3-10; 8:45 am]
BILLING CODE 3510-22-S
