69014 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations 

952.226–70 [Amended] 

■ 36. Section 952.226–70 is amended 

by: 

■ a. Removing the ‘‘:’’ in paragraphs (a) 

introductory text and (a)(1) and adding 

in its place ‘‘—’’; and 

■ b. Removing ‘‘Small, Small 

Disadvantaged and Women-Owned 

Subcontracting Plan’’ in paragraphs (c) 

and (d) and adding in its place ‘‘Small 

Business Subcontracting Plan’’. 

952.226–71 [Amended] 

■ 37. Section 952.226–71 is amended by 

removing the ‘‘:’’ in paragraphs (a) 

introductory text and (a)(1) and adding 

in its place ‘‘—’’. 

952.226–72 [Amended] 

■ 38. Section 952.226–72 is amended 

by: 

■ a. Removing the ‘‘:’’ in paragraphs (a) 

introductory text and (a)(1) and adding 

in its place ‘‘—’’; 

■ b. Removing the ‘‘:’’ in paragraph (b) 

and adding in its place ‘‘—’’; 

■ c. Adding ‘‘and’’ in paragraph (b)(2) 

after the ‘‘;’’; and 

■ d. Removing ‘‘Small, Small 

Disadvantaged and Women-Owned 

Subcontracting Plan’’ in paragraph (c)(2) 

and adding in its place ‘‘Small Business 

Subcontracting Plan’’. 

952.226–73 [Amended] 

■ 39. Section 952.226–73 is amended 

by: 

■ a. Removing the ‘‘:’’ in paragraph (a)(1) 

and adding in its place ‘‘—’’; and 

■ b. Removing the ‘‘,’’ in paragraph 

(a)(1)(i) and adding in its place ‘‘;’’. 

952.226–74 [Amended] 

■ 40. Section 952.226–74 is amended by 

removing ‘‘48 CFR (DEAR)’’ before 

‘‘926.7104’’ in the introductory text. 

952.219–70, 952.225–70, 952.226–70, 

952.226–72, 952.226–73, and 952.226–74 

[Amended] 

■ 41. In the table below, for each section 

indicated in the left column, remove the 

word indicated in the middle column 

from wherever it appears in the section, 

and add the word in the right column: 

Section Remove Add 

952.219–70 in the provision second sentence ............................................ ‘‘contractor’s’’ ................................................ ‘‘Contractor’s’’. 

952.225–70(b) introductory text ................................................................... ‘‘contractor’’ ................................................... ‘‘Contractor’’. 

952.226–70(c) ............................................................................................... ‘‘offeror’’ ........................................................ ‘‘Offeror’’. 

952.226–70(c) ............................................................................................... ‘‘offeror’s’’ ...................................................... ‘‘Offeror’s’’. 

952.226–72(b) introductory text ................................................................... ‘‘contractor’’ ................................................... ‘‘Contractor’’. 

952.226–72(c)(1) .......................................................................................... ‘‘contractor’’ ................................................... ‘‘Contractor’’. 

952.226–72(c)(1) .......................................................................................... ‘‘contracting officer’’ ...................................... ‘‘Contracting Officer’’. 

952.226–72(c)(2) .......................................................................................... ‘‘contractor’s’’ ................................................ ‘‘Contractor’s’’. 

952.226–73(a) introductory text, and (b) in 2 places ................................... ‘‘offeror’’ ........................................................ ‘‘Offeror’’. 

952.226–73(b) .............................................................................................. ‘‘contracting officer’’ ...................................... ‘‘Contracting Officer’’. 

952.226–74(b) at its second occurrence ...................................................... ‘‘contractor’’ ................................................... ‘‘Contractor’’. 

[FR Doc. 2010–27869 Filed 11–9–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0907301205–0289–02] 

RIN 0648–XZ70 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; Total 

Allowable Catch Harvested for 

Management Area 1A 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; notification of 

trip limit reduction in Area 1A of the 

Atlantic Herring Fishery. 

SUMMARY: NMFS announces that, 

effective 1200 hours, November 8, 2010, 

federally permitted vessels may not fish 

for, catch, possess, transfer, or land 

more than 2,000 lb (907.2 kg) of Atlantic 

herring (herring), per trip or calendar 

day, in or from Management Area 1A 

(Area 1A) until January 1, 2011, except 

for transiting purposes described in this 

document. 

DATES: Effective 1200 hours, November 

8, 2010, through December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lindsey Feldman, Fishery Management 

Specialist, (978) 675–2179. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the herring 

fishery are found at 50 CFR part 648 and 

require annual specification of optimum 

yield, domestic and foreign fishing, 

domestic and joint venture processing, 

and management area TACs. Herring 

specifications for 2010–2012 published 

on August 12, 2010 (75 FR 48874). The 

2010 total TAC is 91,200 mt, allocated 

to the herring management areas as 

follows: 26,546 mt to Area 1A, 4,362 mt 

to Area 1B; 22,146 mt to Area 2; and 

38,146 mt to Area 3. 

Regulations at § 648.201(a) require 

NMFS to monitor catch from the herring 

fishery in each of the herring 

management areas, using dealer reports, 

state data, and other available 

information, to determine when the 

catch of herring is projected to reach 95 

percent of the TAC allocated. When 

such a determination is made, NMFS is 

required to prohibit, through 

publication in the Federal Register, 

herring vessel permit holders from 

fishing for, catching, possessing, 

transferring, or landing more than 2,000 

lb (907.2 kg) of herring, per trip or 

calendar day, in or from the specified 

management area for the remainder of 

the closure period, with the exception of 

transiting as described below. 

This action announces that NMFS has 

determined, based upon dealer reports 

and other available information, that 95 

percent of the herring TAC allocated to 

Area 1A (25,219 mt) for the 2010 fishing 

year is projected to be harvested on 

November 8, 2010. Therefore, effective 

1200 hrs local time, November 8, 2010, 

federally permitted vessels may not fish 

for, catch, possess, transfer, or land 

more than 2,000 lb (907.2 kg) of herring, 

per trip or calendar day, in or from Area 

1A through December 31, 2010. Vessels 

transiting Area 1A with more than 2,000 

lb (907.2 kg) of herring on board may do 

so, provided such herring was not 

caught in Area 1A and that all fishing 

gear is stowed and not available for 

immediate use, as required by 

§ 648.23(b). Federally permitted dealers 

are also advised, effective November 8, 

2010, that they may not purchase 

herring from federally permitted herring 

vessels that harvest more than 2,000 lb 

(907.2 kg) of herring from Area 1A 

through 2400 hrs local time, December 

31, 2010. 

Beginning on January 1, 2011, a new 

TAC in Area 1A will become effective. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations 69015 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. This 

action reduces the trip limit for herring 

in Area 1A to 2,000 lb (907.2 kg) until 

January 1, 2011, under current 

regulations. Regulations at § 648.201(a) 

require such an action to ensure that 

herring catch does not exceed the 2010 

Area 1A TAC. The herring fishery 

opened for the 2010 fishing year at 0001 

hours on January 1, 2010. Data 

indicating the herring fleet will have 

harvested at least 95 percent of the 2010 

Management Area 1A TAC have only 

recently become available. If 

implementation of this trip limit 

reduction is delayed to solicit prior 

public comment, the 2010 TAC for the 

management area will be exceeded, 

thereby undermining the conservation 

objectives of the herring fishery 

management plan. The AA further finds, 

pursuant to 5 U.S.C. 553(d)(3), good 

cause to waive the 30 day delayed 

effectiveness period for the reasons 

stated above. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 4, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–28321 Filed 11–5–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 100618274–0543–03] 

RIN 0648–AY92 

Fisheries in the Western Pacific; 

Hawaii Bottomfish and Seamount 

Groundfish; Measures To Rebuild 

Overfished Armorhead at Hancock 

Seamounts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule prohibits 

fishing for bottomfish and seamount 

groundfish at the Hancock Seamounts 

until the overfished U.S. stock of pelagic 

armorhead (Pseudopentaceros wheeleri) 

is rebuilt, and classifies the area around 

the Hancock Seamounts as an ecosystem 

management area. This rule is intended 

to rebuild the armorhead stock and 

facilitate research on armorhead and 

other seamount groundfish. 

DATES: This rule is effective December 

10, 2010. 

ADDRESSES: Amendment 2 to the 

Fishery Ecosystem Plan for the 

Hawaiian Archipelago (FEP) describes 

the background and details of this 

action. Amendment 2 also contains an 

environmental assessment and is 

available from http:// 

www.regulations.gov, or the Western 

Pacific Fishery Management Council 

(Council), 1164 Bishop St., Suite 1400, 

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

fax 808–522–8226, or http:// 

www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, Sustainable Fisheries, 

NMFS Pacific Islands Region, 808–944– 

2108. 

SUPPLEMENTARY INFORMATION: 

Armorhead are overfished because of 

over-exploitation by foreign vessels in 

international waters dating back to the 

1980s, and probably earlier. 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. in 

the Northwestern Hawaiian Islands. 

The Council and NMFS previously 

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 most recent 6-year moratorium 

expired on August 31, 2010. This final 

rule prohibits fishing for bottomfish and 

seamount groundfish at the seamounts 

until the armorhead stock is rebuilt, and 

classifies the EEZ around the Hancock 

Seamounts as an ecosystem 

management area. This final rule will 

aid in rebuilding the armorhead stock, 

and will facilitate research on 

armorhead and other seamount 

groundfish. 

Additional background information 

on this final rule is found in the 

preamble to the proposed rule 

published on August 30, 2010 (75 FR 

52921), and is not repeated here. The 

public comment period for the proposed 

rule ended on October 14, 2010. NMFS 

did not receive any comments. 

Changes From the Proposed Rule 

There no changes from the proposed 

rule. 

Classification 

The Regional Administrator, Pacific 

Islands Region, NMFS, determined that 

this final rule is necessary for the 

conservation and management of 

Hawaii seamount and groundfish 

fisheries, and that it is consistent with 

the Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required, and none was prepared. 

List of Subjects in 50 CFR Part 665 

Armorhead, Bottomfish, Fisheries, 

Fishing, Hancock seamounts, Hawaii, 

Seamount groundfish. 

Dated: November 4, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 665 is amended 

as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

■ 1. The authority citation for part 665 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 665.202, revise paragraph (a)(3) 

to read as follows: 

§ 665.202 Management subareas. 

(a) * * * 

(3) Hancock Seamounts Ecosystem 

Management Area means that portion of 

the EEZ in the Northwestern Hawaiian 

Islands west of 180 °W. long. and north 

of 28 °N. lat. 

* * * * * 

■ 3. In § 665.204, add new paragraph (k) 

to read as follows: 

§ 665.204 Prohibitions. 

* * * * * 


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