Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules 52917 

the public hearing. Written comments 

on the proposed rule must be 

postmarked by October 14, 2010, 30 

days after the September 14, 2010 

hearing. 

Commenters should notify Ms. Long if 

they will need specific equipment, or if 

there are other special needs related to 

providing comments at the hearing. The 

EPA will provide equipment for 

commenters to show overhead slides or 

make computerized slide presentations 

if we receive special requests in 

advance. Oral testimony will be limited 

to 5 minutes for each commenter. The 

EPA encourages commenters to provide 

EPA with a copy of their oral testimony 

electronically (via e-mail or CD) or in 

hard copy form. 

The hearing schedule, including lists 

of speakers, will be posted on EPA’s 

Web Site http://www.epa.gov/nsr. 

Verbatim transcripts of the hearings and 

written statements will be included in 

the docket for the rulemaking. 

EPA will make every effort to follow 

the schedule as closely as possible on 

the day of the hearing; however, please 

plan for the hearing to run either ahead 

of schedule or behind schedule. 

How can I get copies of this document 

and other related information? 

The EPA has established a docket for 

the proposed rule ‘‘Action to Ensure 

Authority to Issue Permits under the 

Prevention of Significant Deterioration 

Program to Sources of Greenhouse Gas 

Emissions: Federal Implementation 

Plan’’ under Docket ID No. EPA–HQ– 

OAR–2010–0107 (available at http:// 

www.regulations.gov). 

As stated previously, the proposed 

rule will publish in the near future in 

the Federal Register and is available at 

http://www.epa.gov/nsr and in the 

rulemaking docket. 

Dated: August 24, 2010. 

Mary Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2010–21691 Filed 8–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211, 246, and 252 

Defense Federal Acquisition 

Regulation Supplement (DFARS); 

Warranty Tracking of Serialized Items, 

DFARS Case 2009–D018 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement a policy memorandum of the 

Undersecretary of Defense for 

Acquisition, Technology, and Logistics 

dated February 6, 2007, that required 

definition of the requirements to track 

warranties for items subject to Item 

Unique Identification in the Item 

Unique Identification registry. This 

proposed rule stresses that the 

enforcement of warranties is essential to 

the effectiveness and efficiency of DoD’s 

material readiness. 

DATES: Comments on this proposed rule 

should be submitted in writing to the 

address shown below on or before 

October 29, 2010, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2009–D018, 

using any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: dfars@osd.mil. Include 

DFARS Case 2009–D018 in the subject 

line of the message. 

Fax: 703–602–0350. 

Mail: Defense Acquisition Regulations 

System, Attn: Mr. Julian E. Thrash, 

OUSD (AT&L) DPAP/DARS, Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian E. Thrash, 703–602–0310. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Undersecretary of Defense for 

Acquisition, Technology, and Logistics 

issued a policy memorandum dated 

February 6, 2007, that instructed the 

Director, Defense Procurement and 

Acquisition Policy, to define the 

requirements to track warranties for 

items subject to Item Unique 

Identification (IUID) in the IUID 

registry. This proposed rule addresses 

the requirement to more effectively 

track warranties for IUID items. 

The tracking of warranties, from the 

identification of the requirement to the 

expiration date of the warranted item, 

will enhance significantly the ability of 

DoD to take full advantage of warranties 

when they are part of an acquisition. 

Presently, DoD lacks the enterprise 

capability that would provide visibility 

and accountability of warranty data 

associated with acquired goods. The 

capability to track warranties will result 

in— 

(a) Reduced costs; 

(b) Ability to recognize benefits 

included for free; 

(c) Ability to compare performance 

against Government specified 

warranties; 

(d) Increased level of insurance for 

purchased goods; 

(e) Sufficient durations of warranties 

for specific goods; 

(f) Ability to identify and enforce 

warranties (e.g., against fraudulent 

vendors, or for criminal actions). 

DoD proposes the following changes: 

• Revise DFARS 211.274–2(a)(4), 

Policy for unique item identification, to 

add any warranted item. 

• Revise the definitions of 

‘‘acceptance’’ and ‘‘defect,’’ and add a 

definition for ‘‘warranty tracking’’ at 

DFARS 246.701. 

• Add DFARS 246.710(5) to include 

provision and clause prescriptions 

252.246–70XX and 252.246–70YY. 

• Revise DFARS 252.211–7003, Item 

Identification and Valuation, definition 

of ‘‘issuing agency.’’ 

• Add provision 252.246–70XX, 

Notice of Warranty Tracking of 

Serialized Items. 

• Add clause 252.246–70YY, 

Warranty Tracking of Serialized Items. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 20, 1993. This 

is not a major rule under 5 U.S.C. 804. 

B. Regulatory Flexibility Act 

DoD has prepared an initial regulatory 

flexibility analysis consistent with 5 

U.S.C. 603 et seq. A copy of the analysis 

may be obtained from the point of 

contact specified herein. The objective 

of this rule is for DoD to develop a more 

effective way to track warranties for 

items subject to Item Unique 

Identification (IUID). Presently, DoD 

lacks the enterprise capability that 

would provide visibility and 

accountability of warranty data 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
52918 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules 

associated with acquired goods. The 

tracking of warranties, from the 

identification of the requirement to the 

expiration date of the warranted item, 

will enhance significantly the ability of 

DoD to take full advantage of warranties 

when they are part of an acquisition, 

resulting in– 

(a) Reduced costs; 

(b) Ability to recognize benefits 

included for free; 

(c) Ability to compare performance 

against Government specified 

warranties; 

(d) Sufficient durations of warranties 

for specific goods. 

DoD will address the requirement to 

track warranties with the following 

DFARS provision and clause: 

(1) 252.246–70XX, Notice of Warranty 

Tracking of Serialized Items; 

(2) 252.246–70YY, Warranty Tracking 

of Serialized Items. 

In FY 2009, DoD issued 

approximately 16,000 solicitations that 

use warranty clauses. In response to 

those solicitations, approximately 

76,000 offers would be received (66,000 

from small business, 10,000 from other 

than small business). Of that total, DoD 

estimates that 50% of the time the 

Government will provide the required 

warranty information for 38,000 offers 

(33,000 small and 5,000 other than 

small businesses). Therefore, 33,000 

small entities would be impacted by the 

rule. 

DoD invites comments from small 

concerns and other interested parties on 

the impact of this rule on small entities. 

DoD will also consider comments from 

small entities concerning the existing 

regulations in subparts affected by this 

rule in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS case 2009–D018), in 

correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. Chapter 35) applies because the 

proposed rule does contain information 

collection requirements. DoD invites 

comments on the following aspects of 

the proposed rule: (a) Whether the 

collection of information is necessary 

for the proper performance of the 

functions of DoD, including whether the 

information will have practical utility; 

(b) the accuracy of the estimate of the 

burden of the information collection; 

(c) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

The following is a summary of the 

information collection requirement. 

Title: Defense Federal Acquisition 

Regulation Supplement; Warranty 

Tracking of Serialized Items. 

Type of Request: New collection. 

Number of Respondents: 38,000. 

Responses per Respondent: 

Approximately 1.4. 

Annual Responses: 54,000. 

Average Burden Per Response: 0.5 

hour. 

Annual Public Burden Hours: 27,000. 

Needs and Uses: DoD needs the 

information required by 252.246–70XX 

and 252.246–70YY in order to properly 

track the warranty of serialized items. 

Affected Public: Businesses or other 

for-profit institutions. 

Respondent’s Obligation: Required to 

obtain or retain benefits. 

Frequency: On occasion. 

Written comments and 

recommendations on the proposed 

information collection should be sent to 

Ms. Jasmeet Seehra at the Office of 

Management and Budget, Desk Officer 

for DoD, Room 10236, New Executive 

Office Building, Washington, DC 20503, 

with a copy to the Defense Acquisition 

Regulations System, Attn: Mr. Julian E. 

Thrash, OUSD(AT&L) DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments can be received from 30 to 60 

days after the date of this notice, but 

comments to OMB will be most useful 

if received by OMB within 30 days after 

the date of this notice. 

To request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to the Defense Acquisition 

Regulations System, Attn: Mr. Julian E. 

Thrash, OUSD(AT&L) DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

List of Subjects in 48 CFR Parts 211, 

246, and 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR parts 211, 246, and 252 as follows: 

1. The authority citation for 48 CFR 

parts 211, 246, and 252 continues to 

read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

PART 211—DESCRIBING AGENCY 

NEEDS 

2. Amend section 211.274–2 by 

revising paragraphs (a)(4)(i) and (a)(4)(ii) 

and by adding paragraph (a)(4)(iii) as 

follows: 

§ 211.274–2 Policy for unique item 

identification. 

* * * * * 

(a) * * * 

(4) * * * 

(i) Any DoD serially managed 

subassembly, component, or part 

embedded within a delivered item; 

(ii) The parent item (as defined in 

252.211–7003(a)) that contains the 

embedded subassembly, component, or 

part; and 

(iii) Any warranted item. 

* * * * * 

PART 246—QUALITY ASSURANCE 

3. Revise section 246.701 to read as 

follows: 

§ 246.701 Definitions. 

As used in this subpart— 

Acceptance, as used in the warranty 

clauses at FAR 52.246–17, Warranty of 

Supplies of a Noncomplex Nature; FAR 

52.246–18, Warranty of Supplies of a 

Complex Nature; FAR 52.246–19, 

Warranty of Systems and Equipment 

Under Performance Specifications or 

Design Criteria; and FAR 52.246–20, 

Warranty of Services, includes the 

execution of an official document (e.g., 

DD Form 250, Material Inspection and 

Receiving Report) by an authorized 

representative of the Government. 

Defect means any condition or 

characteristic in any supply or service 

furnished by the contractor under the 

contract that is not in compliance with 

the requirements of the contract. 

Warranty tracking is defined in the 

clause 252.246–70YY, Warranty 

Tracking of Serialized Items. 

4. Amend section 246.710 by revising 

the section heading and adding 

paragraph (5) to read as follows: 

§ 246.710 Solicitation provision and 

contract clauses. 

* * * * * 

(5)(i) In addition to 252.211–7003, 

Item Unique Valuation, which is 

prescribed in 211.274–5(a), use the 

following provision and clause in 

solicitations and contracts when it is 

anticipated that the resulting contract 

will include a warranty for serialized 

items: 

(A) 252.246–70XX, Notice of 

Warranty Tracking of Serialized Items 

(include only if offerors will be required 

to enter data with the offer); and 

(B) 252.246–70YY, Warranty Tracking 

of Serialized Items. 

(ii) If the Government specifies a 

warranty, then the contracting officer 

shall request the requiring activity to 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules 52919 

provide information to ensure that Table 

I in the clause 252.246–70YY is 

populated with data specifying the 

Government’s required warranty 

provision by contract line item number, 

subline item number, or exhibit line 

item number prior to solicitation. In 

such case, do not include 252.246–70XX 

in the solicitation. 

(iii) If the Government does not 

specify a warranty, include 252.246– 

70XX in the solicitation. The contractor 

may offer a warranty and shall then 

populate Table I in the clause 252.246– 

70YY, as appropriate, as part of its offer 

as required by 252.246–70XX. 

(iv) All warranty tracking information 

that is indicated with a single asterisk 

(*) in Table I in the clause 252.246– 

70YY shall be completed prior to award. 

Data indicated with two asterisks (**) 

may be completed on or after the time 

of award, but no later than the time of 

delivery. 

(v) The contractor shall provide 

warranty repair source instructions 

(Table II in the clause 252.246–70YY) 

no later than the time of delivery. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

5. Amend section 252.211–7003 by 

revising the clause date to read ‘‘(XXX 

2010)’’ and, at paragraph (a), by revising 

the definition of ‘‘issuing agency’’ to 

read as follows: 

§ 252.211–7003 Item Identification and 

Valuation. 

* * * * * 

(a) * * * 

* * * * * 

Issuing agency means an organization 

responsible for assigning a nonrepeatable identifier to an enterprise 

(e.g., Dun & Bradstreet’s Data Universal 

Numbering System (DUNS) Number, 

GS1 Company Prefix, Allied Committee 

135 NATO Commercial and 

Government Entity (NCAGE)/ 

Commercial and Government Entity 

(CAGE) Code, or the Coded 

Representation of the North American 

Telecommunications Industry 

Manufacturers, Suppliers, and Related 

Service Companies (ATIS–0322000) 

Number), European Health Industry 

Business Communication Council 

(EHIBCC) and Health Industry Business 

Communication Council (HIBCC), as 

indicated in the Register of Issuing 

Agency Codes for ISO/IEC 15459, 

located at http://www.nen.nl/web/

Normen-ontwikkelen/ISOIEC-15459- 

Issuing-Agency-Codes.htm. 

6. Add section 252.246–70XX to read 

as follows: 

§ 252.246–70XX Notice of Warranty 

Tracking of Serialized Items. 

As prescribed in 246.710(5)(i)(A), use 

the following provision: 

Notice of Warranty Tracking of Serialized 

Items (XXX 2010) 

(a) Definition. ‘‘Unique item identifier’’ and 

‘‘warranty tracking’’ are defined in the clause 

at 252.246–70YY, Warranty Tracking of 

Serialized Items. 

(b) Reporting of data for warranty tracking 

and administration. The offeror shall provide 

the information required by Table I in the 

clause at 252.246–70YY (indicated by a 

single asterisk (*)), on each contract line item 

number (CLIN), subline item number (SLIN), 

or exhibit line item number (ELIN) for 

warranted items. The offeror shall provide all 

information required by Table II no later than 

when the warranted items are presented for 

receipt and/or acceptance. The ‘‘Warranty 

Item Unique Item Identifier (UII)’’ data 

category may also be completed in 

conjunction with Table II. The offeror shall 

submit the data for warranty tracking to the 

Contracting Officer. 

(End of provision) 

7. Add section 252.246–70YY to read 

as follows: 

As prescribed in 246.710(5)(i)(B), use 

the following clause: 

Warranty Tracking of Serialized Items (XXX 

2010) 

(a) Definitions. As used in this clause— 

DoD Item Unique Identification (IUID) 

Registry means the central repository for IUID 

information that serves as an acquisition 

gateway to identify what the uniquely 

identified tangible item is, how and when it 

was acquired, the initial Government unit 

cost of the item, current custody 

(Government or Contractor), and how it is 

marked. 

Duration means the warranty period. This 

period may be a stated period of time, 

amount of usage, or the occurrence of a 

specified event, after formal acceptance of 

delivery, for the Government to assert a 

contractual right for the correction of defects. 

Enterprise means the entity (e.g., a 

manufacturer or vendor) responsible for 

granting the warranty and/or assigning 

unique item identifiers to serialized warranty 

items. 

Enterprise identifier means a code that is 

uniquely assigned to an enterprise by an 

issuing agency. 

First use means the initial or first time use 

of a product by the Government. 

Fixed expiration means the date the 

warranty expires and the Contractor’s 

obligation to provide for a remedy or 

corrective action ends. 

Installation means the date a unit is 

inserted into a higher level assembly in order 

to make it operational. 

Issuing agency means an organization 

responsible for assigning a non-repeatable 

identifier to an enterprise (e.g., Dun & 

Bradstreet’s Data Universal Numbering 

System (DUNS) Number, GS1 Company 

Prefix, Allied Committee 135 NATO 

Commercial and Government Entity 

(NCAGE)/Commercial and Government 

Entity (CAGE) Code, or the Coded 

Representation of the North American 

Telecommunications Industry 

Manufacturers, Suppliers, and Related 

Service Companies (ATIS–0322000) 

Number), European Health Industry Business 

Communication Council (EHIBCC) and 

Health Industry Business Communication 

Council (HIBCC), as indicated in the Register 

of Issuing Agency Codes for ISO/IEC 15459, 

located at http://www.nen.nl/web/Normenontwikkelen/ISOIEC-15459-Issuing-AgencyCodes.htm. 

Item type means a coded representation of 

the description of the item being warranted, 

consisting of the codes C—component 

procured separate from end item, 

S—subassembly procured separate from end 

item or subassembly, E—embedded in 

component, subassembly or end item parent, 

and P—parent end item. 

Starting event means the event or action 

that initiates the warranty. 

Serialized item means each item produced 

is assigned a serial number that is unique 

among all the collective tangible items 

produced by the enterprise, or each item of 

a particular part, lot, or batch number is 

assigned a unique serial number within that 

part, lot, or batch number assignment within 

the enterprise identifier. The enterprise is 

responsible for ensuring unique serialization 

within the enterprise identifier or within the 

part, lot, or batch numbers, and that serial 

numbers, once assigned, are never used 

again. 

Unique item identifier means a set of data 

elements marked on an item that is globally 

unique and unambiguous. 

Usage means the quantity and an 

associated unit of measure that specifies the 

amount-of a characteristic subject to the 

contractor’s obligation to provide for remedy 

or corrective action such as a number of 

miles, hours, or cycles. 

Warranty administrator means the 

organization specified by the guarantor for 

managing the warranty. 

Warranty guarantor means the enterprise 

that provides the warranty under the terms 

and conditions of a contract. 

Warranty repair source means the 

organization specified by a warranty 

guarantor for receiving and managing 

warranty items that are returned by a 

customer. 

Warranty tracking means the ability to 

trace a warranted item from delivery through 

completion of the effectivity of the warranty. 

(b) Reporting of data for warranty tracking 

and administration. The Contractor shall 

provide the following information (see Table 

I) on each contract line item number (CLIN), 

subline item number (SLIN), or exhibit line 

item number (ELIN) for warranted items. The 

Contractor shall provide all information 

required by Table II no later than when the 

warranted items are presented for receipt 

and/or acceptance. The ‘‘Warranty Item 

Unique Item Identifier (UII)’’ data category 

may also be completed in conjunction with 

Table II. The Contractor shall submit the data 

for warranty tracking to the Contracting 

Officer with a copy to the requiring activity 

and the Contracting Officer Representative. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
52920 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules 

TABLE I—WARRANTY TRACKING INFORMATION

CLIN, SLIN, OR 

ELIN 

* 

Item 

type (a) 

** 

Warranty 

item 

UII 

** 

Warranty term Warranty 

administrator enterprise 

identifier 

code type 

(f) 

** 

Warranty 

administrator enterprise 

identifier 

(g) 

** 

Warranty 

guarantor 

enterprise 

identifier 

code type 

(h) 

** 

Warranty 

guarantor 

enterprise 

identifier 

code type 

(i) 

** 

Starting 

event (b) 

* 

Usage (c)* Duration (d)* 

Fixed 

expiration 

(e) 

Quantity 

* 

Unit 

* 

Quantity 

* 

Unit 

* 

Date 

* 

* To be completed by the requiring activity, if warranty is specified by the Government. Otherwise, all offerors are to complete as part of their offers. 

** To be completed by the Contractor at the time of award (if known), otherwise at the time of delivery. 

Notes: 

(a) Item type— 

C—component procured separate from end 

item 

S—subassembly procured separate from 

end item or subassembly 

E—embedded in component, subassembly 

or end item parent 

P—parent end item 

(b) Starting event— 

Acceptance (A) 

Installation (I) 

First use (F) 

Other (O) 

Warranty term—Choose one of the 

following: 

(c) Usage (for warrantees where effectivity 

is in terms of operating time or cycles) 

(d) Duration (for warrantees that expire 

after a set period of time) 

(e) Date (for warrantees with a fixed 

expiration date) 

(f) Warranty administrator enterprise 

identifier code type— 

0–9—GS1 Company Prefix 

D—CAGE 

LB—ATIS–0322000 

LH—EHIBCC 

RH—HIBCC 

UN—DUNS 

(g) Warranty administrator enterprise 

identifier—A non-repeatable identifier code 

assigned to an enterprise by an issuing 

agency [e.g., Dun & Bradstreet’s Data 

Universal Numbering System (DUNS) 

Number, GS1 Company Prefix , Allied 

Committee 135 NATO Commercial and 

Government Entity (NCAGE)/Commercial 

and Government Entity (CAGE) Code, or the 

Coded Representation of the North American 

Telecommunications Industry 

Manufacturers, Suppliers, and Related 

Service Companies (ATIS–0322000) Number, 

European Health Industry Business 

Communication Council (EHIBCC) and 

Health Industry Business Communication 

Council (HIBCC). 

(h) Warranty guarantor enterprise identifier 

code type— 

0–9—GS1 Company Prefix 

D—CAGE 

LB—ATIS–0322000 

LH—EHIBCC 

RH—HIBCC 

UN—DUNS 

TABLE II—WARRANTY REPAIR SOURCE INSTRUCTIONS

Contract Number: 

Warranty repair source 

enterprise identifier 

code type 

(j) 

** 

Warranty repair source 

enterprise 

identifier 

(k) 

** 

Shipping address for warranty returns 

Instructions 

(r) 

** 

Name 

(l) 

** 

Address 

line 1 

(m) 

** 

Address 

line 2 

** 

City/ 

county 

(n) 

** 

State/ 

province 

(o) 

** 

Postal 

code 

(p) 

** 

Country 

(q) 

** 

For each warranty repair source enterprise identifier listed above, include the shipping address for returning warranty items, or include instructions for accessing a Web site to obtain prepaid shipping labels for returning warranty items to the designated 

source of warranty repair. 

** To be completed by the Contractor at the time of award and/or at the time of delivery. 

(j) Warranty repair source enterprise 

identifier code type— 

0–9—GS1 Company Prefix 

D—CAGE 

LB—ATIS–0322000 

LH—EHIBCC 

RH—HIBCC 

UN—DUNS 

(k) Warranty repair source enterprise 

identifier—A non-repeatable identifier code 

assigned to an enterprise by an issuing 

agency [e.g., Dun & Bradstreet’s Data 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules 52921 

Universal Numbering System (DUNS) 

Number, GS1 Company Prefix, Allied 

Committee 135 NATO Commercial and 

Government Entity (NCAGE)/Commercial 

and Government Entity (CAGE) Code, or the 

Coded Representation of the North American 

Telecommunications Industry 

Manufacturers, Suppliers, and Related 

Service Companies (ATIS–0322000) Number, 

European Health Industry Business 

Communication Council (EHIBCC) and 

Health Industry Business Communication 

Council (HIBCC). 

(c) Reservation of Rights. The terms of this 

clause shall not be construed to limit the 

Government’s rights or remedies under any 

other contract clause. 

(End of clause)] 

[FR Doc. 2010–21358 Filed 8–27–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 100618274–0377–01] 

RIN 0648–AY92 

Fisheries in the Western Pacific; 

Hawaii Bottomfish and Seamount 

Groundfish; Management Measures for 

Hancock Seamounts to Rebuild 

Overfished Armorhead 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

continue a moratorium on fishing for 

bottomfish and seamount groundfish at 

the Hancock Seamounts until the 

overfished U.S. stock of pelagic 

armorhead (Pseudopentaceros wheeleri) 

is rebuilt. This proposed rule would 

also reclassify the management area 

around the Hancock Seamounts as an 

ecosystem management area. The intent 

of the continued moratorium is to 

facilitate rebuilding of the armorhead 

stock, and the intent of the ecosystem 

management area is to facilitate research 

on armorhead and other seamount 

groundfish. 

DATES: Comments on the amendment 

must be received by October 14, 2010. 

ADDRESSES: Comments on the proposed 

rule, identified by 0648–AY92, may be 

sent to either of the following addresses: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov; or 

• Mail: Mail written comments to 

Michael D. Tosatto, Acting Regional 

Administrator, NMFS, Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd, Suite 

1110, Honolulu, HI 96814–4700. 

Instructions: Comments must be 

submitted to one of these two addresses 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent to any other 

address or individual, or received after 

the end of the comment period, may not 

be considered. Comments will be posted 

for public viewing after thecomment 

period has closed. 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 

(e.g., name, address, etc.) submitted 

voluntarily 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 ‘‘NA’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word or Excel, WordPerfect, or Adobe 

PDF file formats only. 

Amendment 2 to the Fishery 

Ecosystem Plan for the Hawaiian 

Archipelago contains an environmental 

assessment and background 

information, and is available from 

www.regulations.gov and from the 

Council, 1164 Bishop St., Suite 1400, 

Honolulu, HI 96813, tel 808–522–8220, 

fax 808–522–8226, or web site 

www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, NMFS PIR Sustainable 

Fisheries, 808–944–2108. 

SUPPLEMENTARY INFORMATION: This 

document is also available at 

www.gpoaccess.gov/fr. 

Fishing for pelagic armorhead is 

managed under the Fishery Ecosystem 

Plan for the Hawaiian Archipelago 

(FEP). Armorhead are overfished as a 

result of over-exploitation by foreign 

vessels in international waters, dating 

back to at least the 1970s. Although 

there has never been a U.S. fishery 

targeting this fish, continued 

exploitation outside the U.S. Exclusive 

Economic Zone (EEZ) by foreign fleets 

has kept the stock in an overfished 

condition. 

The Hancock Seamounts are the only 

known armorhead habitat within the 

EEZ. These seamounts lie west of 180° 

W. and north of 28° N., to the northwest 

of Kure Atoll in the Northwestern 

Hawaiian Islands. The Council and 

NMFS have responded to the overfished 

condition of armorhead with a series of 

four, 6–year domestic fishing moratoria 

at the Hancock Seamounts, beginning in 

1986. The current 6–year moratorium 

expires on August 31, 2010. Although 

there would be a short time period 

between the expiration of the current 

moratorium and implementation of this 

rule, if approved, the likelihood of a 

new Hawaii-based domestic armorhead 

fishery developing is discountable. The 

Hancock Seamounts are a relatively 

small and isolated fishing area, and the 

costs of starting up fishing operations to 

enter this fishery would be prohibitive 

relative to the potential fishing yield 

during the very short time that the area 

would be open. Additionally, existing 

domestic North Pacific trawl vessels 

would not be allowed to fish at Hancock 

Seamounts because trawls are 

prohibited fishing gear in the U.S. 

Pacific Islands. 

From July 2009 to August 2010, the 

Council developed Amendment 2 to the 

Hawaii FEP to rebuild the armorhead 

stock pursuant to the Magnuson-Stevens 

Act; the amendment is currently 

undergoing Secretarial review (75 FR 

51237, August 19, 2010). The Council 

recommended in Amendment 2 that 

NMFS establish a minimum rebuilding 

time of 35 years for the U.S. portion of 

the armorhead stock. The Council also 

recommended that NMFS classify the 

portion of the EEZ surrounding the 

Hancock Seamounts as an ecosystem 

management area, and extend the 

moratorium at Hancock Seamounts until 

the stock is rebuilt. In response to these 

recommendations, NMFS developed 

this proposed rule to implement the 

latter two recommendations. 

The Council and NMFS recognize 

that, because less than five percent of 

the armorhead habitat lies within U.S. 

jurisdiction, rebuilding of the stock 

must be accomplished through 

coordinated international management. 

Nonetheless, a prohibition on all 

armorhead catches in U.S. waters would 

provide the maximum protection 

available for armorhead stocks in U.S. 

waters. 

The current moratorium applies to all 

bottomfish and seamount groundfish, 

and the proposed moratorium would 

continue to do so. While only 

armorhead are overfished, other 

bottomfish and seamount groundfish are 

caught with the same gear type as 

armorhead. Opening the Hancock 

Seamount fishery to non-armorhead fish 

would increase the likelihood of 

incidental catches of armorhead, 

resulting in possible delays to 

rebuilding the stock. In addition, the 

fishing gear (anchors, weighted lines, 

and hooks) used to target nonarmorhead fish, or lost on fishing 


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