18504 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 

separate the damaged and undamaged 

property, place all the affected property in 

the best possible order, and take such other 

action as the Property Administrator directs. 

(3) The Contractor shall do nothing to 

prejudice the Government’s rights to recover 

against third parties for any loss of 

Government property. 

(4) The Contractor shall reimburse the 

Government for loss of Government property, 

to the extent that the Contractor is financially 

liable for such loss, as directed by the 

Contracting Officer. 

* * * * * 

(j) * * * 

(1) * * * 

(i) If the Contractor determines that the 

property has the potential to fulfill 

requirements under other contracts, the 

Contractor, in consultation with the Property 

Administrator, shall request that the 

Contracting Officer transfer the property to 

the contract in question, or provide 

authorization for use, as appropriate. In lieu 

of transferring the property, the Contracting 

Officer may authorize the Contractor to credit 

the costs of Contractor-acquired property 

(material only) to the losing contract, and 

debit the gaining contract with the 

corresponding cost, when such material is 

needed for use on another contract. Property 

no longer needed shall be considered 

contractor inventory. 

(ii) For any remaining Contractor-acquired 

property, the Contractor may purchase the 

property at the unit acquisition cost if 

desired or make reasonable efforts to return 

unused property to the appropriate supplier 

at fair market value (less, if applicable, a 

reasonable restocking fee that is consistent 

with the supplier’s customary practices.) 

(2) Inventory disposal schedules. (i) 

Provided the property was not reutilized, 

transferred, or otherwise disposed of under 

paragraph (j)(1) of this clause the Contractor, 

as directed by the Plant Clearance Officer 

shall use Standard Form 1428, Inventory 

Disposal Schedule or electronic equivalent, 

to identify and report— 

(A) Government-furnished property that is 

no longer required for performance of this 

contract; 

* * * * * 

(ii) The Contractor may annotate inventory 

disposal schedules to identify property the 

Contractor wishes to purchase from the 

Government, in the event that the property is 

offered for sale. 

(iii) Separate inventory disposal schedules 

are required for aircraft in any condition, 

flight safety critical aircraft parts, and other 

items as directed by the Plant Clearance 

Officer. 

(iv) * * * 

(C) For precious metals in raw or bulk 

form, the type of metal and estimated weight. 

* * * * * 

(3) Submission requirements. (i) The 

Contractor shall submit inventory disposal 

schedules to the Plant Clearance Officer no 

later than— 

(A) 30 days following the Contractor’s 

determination that a property item is no 

longer required for performance of this 

contract; 

(B) 60 days, or such longer period as may 

be approved by the Plant Clearance Officer, 

following completion of contract deliveries 

or performance; or 

(C) 120 days, or such longer period as may 

be approved by the Termination Contracting 

Officer, following contract termination in 

whole or in part. 

(ii) Unless the Plant Clearance Officer 

determines otherwise, the Contractor need 

not identify or report production scrap on 

inventory disposal schedules, and may 

process and dispose of production scrap in 

accordance with its own internal scrap 

procedures. The processing and disposal of 

other types of Government-owned scrap will 

be conducted in accordance with the terms 

and conditions of the contract or Plant 

Clearance Officer direction, as appropriate. 

* * * * * 

(k) * * * 

(3) Absent contract terms and conditions to 

the contrary, the Government may abandon 

parts removed and replaced from property as 

a result of normal maintenance actions, or 

removed from property as a result of the 

repair, maintenance, overhaul, or 

modification process. 

* * * * * 

29. Amend section 52.245–2 by 

revising the date of the clause, and 

paragraph (b) to read as follows: 

52.245–2 Government Property Installation 

Operation Services. 

* * * * * 

Government Property Installation 

Operation Services (Date) 

* * * * * 

(b) The Government bears no responsibility 

for repair or replacement of any lost 

Government property. If any or all of the 

Government property is lost, or becomes no 

longer usable, the Contractor shall be 

responsible for replacement of the property at 

Contractor expense. The Contractor shall 

have title to all replacement property and 

shall continue to be responsible for contract 

performance. 

* * * * * 

30. Amend section 52.249–2 by 

revising the date of the clause, and 

paragraph (h) to read as follows: 

52.249–2 Termination for Convenience of 

the Government (Fixed-Price). 

* * * * * 

Termination for Convenience of the 

Government (Fixed-Price) (Date) 

* * * * * 

(h) Except for normal spoilage, and except 

to the extent that the Government expressly 

assumed the risk of loss, the Contracting 

Officer shall exclude from the amounts 

payable to the Contractor under paragraph (g) 

of this clause, the fair value, as determined 

by the Contracting Officer, for the loss of the 

Government property. 

* * * * * 

31. Amend section 52.249–3 by 

revising the date of the clause, and 

paragraph (h) to read as follows: 

52.249–3 Termination for Convenience of 

the Government (Dismantling, Demolition, 

or Removal of Improvements). 

* * * * * 

Termination for Convenience of the 

Government (Dismantling, Demolition, 

or Removal of Improvements) (Date) 

* * * * * 

(h) Except for normal spoilage, and except 

to the extent that the Government expressly 

assumed the risk of loss, the Contracting 

Officer shall exclude from the amounts 

payable to the Contractor under paragraph (g) 

of this clause, the fair value, as determined 

by the Contracting Officer, for the loss of the 

Government property. 

* * * * * 

32. Revise section 52.251–1 to read as 

follows: 

52.251–1 Government Supply Sources. 

As prescribed in 51.107, insert the 

following clause: 

Government Supply Sources (Date) 

The Contracting Officer may issue the 

Contractor an authorization to use 

Government supply sources in the 

performance of this contract. Title to all 

property acquired by the Contractor under 

such an authorization shall vest in the 

Government. The provisions of the clause 

entitled ‘‘Government Property,’’ at 52.245–1, 

shall apply to all property acquired under 

such authorization. 

(End of clause) 

PART 53—FORMS 

33. Amend section 53.245 by revising 

paragraph (c) to read as follows: 

53.245 Government property. 

* * * * * 

(c) SF 1423 (Rev. 5/2004), Inventory 

Verification Survey. (See 45.602– 

1(b)(1).) 

* * * * * 

[FR Doc. 2011–7436 Filed 4–1–11; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–BA65 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Quotas and 

Atlantic Tuna Fisheries Management 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of public hearing. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 18505 

SUMMARY: On March 14, 2011, NMFS 

published a proposed rule to modify 

Atlantic bluefin tuna (BFT) base quotas 

for all domestic fishing categories; 

establish BFT quota specifications for 

the 2011 fishing year; reinstate pelagic 

longline target catch requirements for 

retaining BFT in the Northeast Distant 

Gear Restricted Area (NED); amend the 

Atlantic tunas possession at sea and 

landing regulations to allow removal of 

Atlantic tunas tail lobes; and clarify the 

transfer at sea regulations for Atlantic 

tunas. This action was necessary to 

implement recommendations of the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT), 

as required by the Atlantic Tunas 

Convention Act (ATCA), and to achieve 

domestic management objectives under 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). On March 21, 

2011, NMFS published a correction 

notice that extended the comment 

period for this action until April 28, 

2011, allowing a 45-day comment 

period, rescheduled the Gloucester, MA, 

public hearing that was originally 

scheduled for March 21, 2011, to April 

1, 2011, and announced that additional 

public hearings would be scheduled in 

a future notice. In this document NMFS 

is announcing additional public 

hearings in Fairhaven, MA, and 

Portland, ME, in order to provide greater 

opportunity for public comment on the 

proposed rule. 

DATES: A hearing will be held on April 

25, 2011, from 6 to 9 p.m. in Portland, 

ME, and a hearing will be held on April 

26, 2011, from 6 to 9 p.m. in Fairhaven, 

MA. Public comments on the proposed 

rule must be received on or before April 

28, 2011. See SUPPLEMENTARY

INFORMATION for further details. 

ADDRESSES: As published on March 14, 

2011 (76 FR 13583), you may submit 

comments, identified by ‘‘0648–BA65’’, 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal at http:// 

www.regulations.gov. 

• Fax: 978–281–9340, Attn: Sarah 

McLaughlin. 

• Mail: Sarah McLaughlin, Highly 

Migratory Species Management 

Division, Office of Sustainable Fisheries 

(F/SF1), NMFS, 55 Great Republic 

Drive, Gloucester, MA 01930 

• Instructions: 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). You may 

submit attachments to electronic 

comments in Microsoft Word, Excel, 

WordPerfect, or Adobe PDF file formats 

only. To be considered, electronic 

comments must be submitted via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. Do not submit 

electronic comments to individual 

NMFS staff. 

Supporting documents, including the 

draft Environmental Assessment, 

Regulatory Impact Review, and Initial 

Regulatory Flexibility Analysis, are 

available by sending your request to 

Sarah McLaughlin at the mailing 

address specified above. These 

documents and others, such as the 

Fishery Management Plans described 

below, also may be downloaded from 

the HMS Web site at http:// 

www.nmfs.noaa.gov/sfa/hms/. 

The additional public hearing 

locations are: 

1. Portland, ME—Holiday Inn by the 

Bay, 88 Spring St., Portland, ME 04101. 

2. Fairhaven, MA—Seaport Inn and 

Marina, 110 Middle Street, Fairhaven, 

MA 02719. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: Atlantic 

bluefin tuna, bigeye tuna, albacore tuna, 

yellowfin tuna, and skipjack tuna 

(hereafter referred to as ‘‘Atlantic tunas’’) 

are managed under the dual authority of 

the Magnuson-Stevens Act and ATCA. 

ATCA authorizes the Secretary of 

Commerce (Secretary) to promulgate 

regulations, as may be necessary and 

appropriate, to implement ICCAT 

recommendations. The authority to 

issue regulations under the MagnusonStevens Act and ATCA has been 

delegated from the Secretary to the 

Assistant Administrator for Fisheries, 

NOAA (AA). 

In the proposed rule, NMFS 

announced four public hearings. NMFS 

has received several comments 

requesting additional public hearings. 

NMFS has determined that it is 

reasonable to conduct additional public 

hearings to provide greater 

opportunities for public comment and is 

conducting additional hearings in 

Fairhaven, MA, and Portland, ME. 

These hearings will allow NMFS to 

collect additional public comments on 

the proposed rule, which will assist 

NMFS in determining final management 

measures to conserve and manage the 

Atlantic tunas fisheries, consistent with 

the 2006 Consolidated HMS FMP, the 

Magnuson-Stevens Act, ATCA, and 

other applicable law. 

Dated: March 29, 2011. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–7947 Filed 4–1–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110218142–1146–02] 

RIN 0648–BA91 

Fisheries of the Northeastern United 

States; Northeast Skate Complex 

Fishery; Framework Adjustment 1 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement measures in Framework 

Adjustment 1 to the Northeast Skate 

Complex Fishery Management Plan 

(Skate FMP). Framework Adjustment 1 

was developed by the New England 

Fishery Management Council (Council) 

to adjust the possession limits for the 

skate wing fishery in order to slow the 

rate of skate wing landings, so that the 

available Total Allowable Landings 

limit (TAL) is taken by the fishery over 

a longer duration in the fishing year 

(FY) than occurred in FY 2010, thus 

ensuring a steady market supply. The 

action would also allow vessels that 

process skate wings at sea to land skate 

carcasses for sale into the bait market, 

without counting the carcass landings 

against the TAL (skate wings are already 

converted to live weight for monitoring). 

Although recommended by the Council 

as part of Framework 1, this proposed 

rule announces NMFS’s intention to 

disapprove a proposal to increase the 

incidental possession limit for skate 

wings that would apply after the skate 

wing possession limit trigger is reached. 

This proposed rule does not adjust the 

skate fishery specifications for FY 2011. 

DATES: Public comments must be 

received no later than 5 p.m., Eastern 

Standard Time, on April 19, 2011. 

ADDRESSES: An environmental 

assessment (EA) was prepared for 

mstockstill on DSKH9S0YB1PROD with PROPOSALS