Contracting by Negotiation, 59343-59344 [2012-23944]
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Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Rules and Regulations
6. Section 1852.228–78 is revised to
read as follows:
■
1852.228–78 Cross-waiver of liability for
science or space exploration activities
unrelated to the International Space Station.
As prescribed in 1828.371(b) and (d),
insert the following clause:
tkelley on DSK3SPTVN1PROD with RULES
CROSS–WAIVER OF LIABILITY FOR
SCIENCE OR SPACE EXPLORATION
ACTIVITIES UNRELATED TO THE
INTERNATIONAL SPACE STATION
(OCT 2012)
(a) The purpose of this clause is to extend
a cross-waiver of liability to NASA contracts
for work done in support of Agreements
between Parties involving Science or Space
Exploration activities that are not related to
the International Space Station (ISS) but
involve a launch. This cross-waiver of
liability shall be broadly construed to achieve
the objective of furthering participation in
space exploration, use, and investment.
(b) As used in this clause, the term:
(1) ‘‘Agreement’’ refers to any NASA Space
Act agreement that contains the cross-waiver
of liability provision authorized in 14 CFR
1266.104.
(2) ‘‘Damage’’ means:
(i) Bodily injury to, or other impairment of
health of, or death of, any person;
(ii) Damage to, loss of, or loss of use of any
property;
(iii) Loss of revenue or profits; or
(iv) Other direct, indirect, or consequential
Damage;
(3) ‘‘Launch Vehicle’’ means an object, or
any part thereof, intended for launch,
launched from Earth, or returning to Earth
which carries Payloads or persons, or both.
(4) ‘‘Party’’ means a party to a NASA Space
Act agreement for Science or Space
Exploration activities unrelated to the ISS
that involve a launch and a party that is
neither the prime contractor under this
contract nor a subcontractor at any tier
hereof.
(5) ‘‘Payload’’ means all property to be
flown or used on or in a Launch Vehicle.
(6) ‘‘Protected Space Operations’’ means
all Launch or Transfer Vehicle activities and
Payload activities on Earth, in outer space, or
in transit between Earth and outer space in
implementation of an Agreement for Science
or Space Exploration activities unrelated to
the ISS that involve a launch. Protected
Space Operations begins at the signature of
the Agreement and ends when all activities
done in implementation of the Agreement are
completed. It includes, but is not limited to:
(i) Research, design, development, test,
manufacture, assembly, integration,
operation, or use of Launch or Transfer
Vehicles, Payloads, or instruments, as well as
related support equipment and facilities and
services; and
(ii) All activities related to ground support,
test, training, simulation, or guidance and
control equipment, and related facilities or
services.
Protected Space Operations excludes
activities on Earth which are conducted on
return from space to develop further a
payload’s product or process other than for
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the activities within the scope of an
Agreement.
(7) ‘‘Related entity’’ means:
(i) A contractor or subcontractor of a Party
at any tier;
(ii) A user or customer of a Party at any
tier; or
(iii) A contractor or subcontractor of a user
or customer of a Party at any tier.
Note to paragraph (a)(7): The terms
‘‘contractors’’ and ‘‘subcontractors’’ include
suppliers of any kind.
(8) ‘‘Transfer Vehicle’’ means any vehicle
that operates in space and transfers Payloads
or persons or both between two different
space objects, between two different
locations on the same space object, or
between a space object and the surface of a
celestial body. A Transfer Vehicle also
includes a vehicle that departs from and
returns to the same location on a space
object.
(c) Cross-waiver of liability:
(1) The Contractor agrees to a waiver of
liability pursuant to which it waives all
claims against any of the entities or persons
listed in paragraphs (c)(1)(i) through (c)(1)(iv)
of this clause based on Damage arising out of
Protected Space Operations. This crosswaiver shall apply only if the person, entity,
or property causing the Damage is involved
in Protected Space Operations and the
person, entity, or property damaged is
damaged by virtue of its involvement in
Protected Space Operations. The waiver shall
apply to any claims for Damage, whatever the
legal basis for such claims, against:
(i) A Party;
(ii) A Party to another NASA Agreement or
contract that includes flight on the same
Launch Vehicle;
(iii) A Related Entity of any entity
identified in paragraphs (c)(1)(i) or (c)(1)(ii)
of this clause; or
(iv) The employees of any of the entities
identified in (c)(1)(i) through (iii) of this
clause.
(2) The Contractor agrees to extend the
cross-waiver of liability as set forth in
paragraph (c)(1) of this clause to its own
subcontractors at all tiers by requiring them,
by contract or otherwise, to:
(i) Waive all claims against the entities or
persons identified in paragraphs (c)(1)(i)
through (c)(1)(iv) of this clause; and
(ii) Require that their Related Entities
waive all claims against the entities or
persons identified in paragraphs (c)(1)(i)
through (c)(1)(iv) of this clause.
(3) For avoidance of doubt, this crosswaiver of liability includes a cross-waiver of
claims arising from the Convention on
International Liability for Damage Caused by
Space Objects, entered into force on 1
September 1972, in which the person, entity,
or property causing the Damage is involved
in Protected Space Operations and the
person, entity, or property damaged is
damaged by virtue of its involvement in
Protected Space Operations.
(4) Notwithstanding the other provisions of
this clause, this cross-waiver of liability shall
not be applicable to:
(i) Claims between the Government and its
own contractors or between its own
contractors and subcontractors;
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59343
(ii) Claims made by a natural person, his/
her estate, survivors, or subrogees (except
when a subrogee is a Party to an Agreement
or is otherwise bound by the terms of this
cross-waiver) for bodily injury to, or other
impairment of health, or death of such
person;
(iii) Claims for Damage caused by willful
misconduct;
(iv) Intellectual property claims;
(v) Claims for damages resulting from a
failure of the contractor to extend the crosswaiver of liability to its subcontractors and
related entities, pursuant to paragraph (c)(2)
of this clause; or
(vi) Claims by the Government arising out
of or relating to a contractor’s failure to
perform its obligations under this contract.
(5) Nothing in this clause shall be
construed to create the basis for a claim or
suit where none would otherwise exist.
(6) This cross-waiver shall not be
applicable when 49 U.S.C. Subtitle IX,
Chapter 701 is applicable.
(End of Clause)
[FR Doc. 2012–23715 Filed 9–26–12; 8:45 am]
BILLING CODE 7510–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 3415
Contracting by Negotiation
CFR Correction
In Title 48 of the Code of Federal
Regulations, Chapter 29 to End, revised
as of October 1, 2011, on page 150, in
section 3415.605, paragraph (d) is
correctly revised, and section 3415.606
is added to read as follows:
3415.605 Content of unsolicited
proposals.
*
*
*
*
*
d. No prior commitments were
received from Departmental employees
regarding acceptance of this proposal.
Date:
llllllllllllllllll
l
Organization:
llllllllllllllllll
l
Name:
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l
Title:
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l
(This certification must be signed by a
responsible person authorized to enter
into contracts on behalf of the
organization.)
3415.606
Agency procedures.
(b)(1) The HCA or designee is the
contact point to coordinate the receipt,
control, and handling of unsolicited
proposals.
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59344
Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Rules and Regulations
(2) Offerors must direct unsolicited
proposals to the HCA.
[FR Doc. 2012–23944 Filed 9–26–12; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 040205043–4043–01]
RIN 0648–XC134
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2012
Commercial Accountability Measure
and Closure for South Atlantic
Vermilion Snapper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
commercial sector for vermilion snapper
in the exclusive economic zone (EEZ) of
the South Atlantic. The Science
Research Director (SRD) has estimated
that commercial landings for vermilion
snapper are projected to have reached
the commercial annual catch limit
(ACL) on September 28, 2012.
Therefore, NMFS closes the commercial
sector for vermilion snapper in the
South Atlantic EEZ on September 28,
2012, and it will remain closed
throughout the remainder of the fishing
year. This closure is necessary to protect
the vermilion snapper resource.
DATES: This rule is effective 12:01 a.m.,
local time, September 28, 2012, until
12:01 a.m., local time, January 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Catherine Hayslip, telephone: 727–824–
5305, email:
Catherine.Hayslip@noaa.gov.
SUMMARY:
The
snapper-grouper fishery of the South
Atlantic includes vermilion snapper and
is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
tkelley on DSK3SPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
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by the South Atlantic Fishery
Management Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
The commercial ACL (commercial
quota) for vermilion snapper in the
South Atlantic is 302,523 lb (137,222
kg), gutted weight, for the current
fishing period, July 1 through December
31, 2012, as specified in 50 CFR
622.42(e)(4)(ii).
In accordance with regulations at 50
CFR 622.49(b)(6)(i), NMFS is required to
close the commercial sector for
vermilion snapper when the commercial
ACL (commercial quota) for the
applicable portion of the fishing year
has been reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. NMFS has determined that the
commercial ACL (commercial quota) for
South Atlantic vermilion snapper will
have been reached by September 28,
2012. Accordingly, the commercial
sector for South Atlantic vermilion
snapper is closed effective 12:01 a.m.,
local time, September 28, 2012, until
12:01 a.m., local time, January 1, 2013.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having
vermilion snapper onboard must have
landed and bartered, traded, or sold
such vermilion snapper prior to 12:01
a.m., local time, September 28, 2012.
During the closure, the bag limit
specified in 50 CFR 622.39(d)(1)(v),
applies to all harvest or possession of
vermilion snapper in or from the South
Atlantic EEZ, including the bag limit
that may be retained by the captain or
crew of a vessel operating as a charter
vessel or headboat. The bag limit for
such captain and crew is zero. During
the closure, the possession limits
specified in 50 CFR 622.39(d)(2) apply
to all harvest or possession of vermilion
snapper in or from the South Atlantic
EEZ. During the closure, the sale or
purchase of vermilion snapper taken
from the EEZ is prohibited. The
prohibition on sale or purchase does not
apply to the sale or purchase of
vermilion snapper that were harvested,
landed ashore, and sold prior to 12:01
a.m., local time, September 28, 2012,
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and were held in cold storage by a
dealer or processor. For a person on
board a vessel for which a Federal
commercial or charter vessel/headboat
permit for the South Atlantic snappergrouper fishery has been issued, the sale
and purchase provisions of the
commercial closure for vermilion
snapper would apply regardless of
whether the fish are harvested in state
or Federal waters, as specified in 50
CFR 622.43(a)(5)(ii).
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds that the need to immediately
implement this action to close the
commercial sector for vermilion snapper
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures
would be unnecessary and contrary to
the public interest. Such procedures
would be unnecessary because the rule
establishing the closure has been subject
to notice and comment, and all that
remains is to notify the public of the
closure. Allowing prior notice and
opportunity for public comment is
contrary to the public interest. This
action needs to be immediately
implemented to protect vermilion
snapper because the capacity of the
fishing fleet allows for rapid harvest of
the quota. Prior notice and opportunity
for public comment would require time
and would potentially result in a
harvest well in excess of the established
commercial ACL (commercial quota).
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 24, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–23815 Filed 9–24–12; 4:15 pm]
BILLING CODE 3510–22–P
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[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Rules and Regulations]
[Pages 59343-59344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23944]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 3415
Contracting by Negotiation
CFR Correction
In Title 48 of the Code of Federal Regulations, Chapter 29 to End,
revised as of October 1, 2011, on page 150, in section 3415.605,
paragraph (d) is correctly revised, and section 3415.606 is added to
read as follows:
3415.605 Content of unsolicited proposals.
* * * * *
d. No prior commitments were received from Departmental employees
regarding acceptance of this proposal.
Date:
-----------------------------------------------------------------------
Organization:
-----------------------------------------------------------------------
Name:
-----------------------------------------------------------------------
Title:
-----------------------------------------------------------------------
(This certification must be signed by a responsible person authorized
to enter into contracts on behalf of the organization.)
3415.606 Agency procedures.
(b)(1) The HCA or designee is the contact point to coordinate the
receipt, control, and handling of unsolicited proposals.
[[Page 59344]]
(2) Offerors must direct unsolicited proposals to the HCA.
[FR Doc. 2012-23944 Filed 9-26-12; 8:45 am]
BILLING CODE 1505-01-D
