71564 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 

unique expertise of senior mentors 

provide senior leadership with valuable 

insights and contribute to the 

continuous improvement of the DoD 

operations. 

Because of DoD’s increased need for 

senior mentors to participate in 

warfighting exercises and its desire to 

promote public trust and confidence in 

the integrity of its programs and 

operations, the Secretary has directed 

the adoption of a uniform hiring process 

that will provide consistency and 

transparency to the senior mentor 

program. Specifically, the Secretary has 

directed that all requirements for senior 

mentor services must be satisfied by 

employing senior mentors as ‘‘highly 

qualified experts,’’ a type of civil service 

position under 5 U.S.C. 9903. As highly 

qualified experts, senior mentors will be 

subject to applicable Federal personnel 

and ethics laws and regulations. 

Therefore, DoD will not use the 

authority of 5 U.S.C. 3109 or 10 U.S.C. 

129(b) to enter into personal services 

contracts with senior mentors or 

otherwise contract for the services of 

senior mentors. This final rule 

implements the Secretary’s policy by 

adding a prohibition against contracting 

for the services of senior mentors at 

DFARS 237.102–73. 

III. Executive Order 12866 

This is not a significant regulatory 

action and, therefore, is not subject to 

review under section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

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

804. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. This rule will not 

have a significant economic impact 

upon a substantial number of small 

entities because this final rule does not 

constitute a significant DFARS revision 

within the meaning of 41 U.S.C. 418b 

and FAR 1.501 and does not require 

publication for public comment. The 

rule is internal to DoD and does not 

impose any requirements on small 

businesses. Therefore, a regulatory 

flexibility analysis has not been 

performed. 

V. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the final rule does not 

contain any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C., et seq. 

List of Subjects in 48 CFR Part 237 

Government procurement. 

Clare M. Zebrowski, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 237 is 

amended as follows: 

PART 237—SERVICE CONTRACTING 

■ 1. The authority citation for 48 CFR 

part 237 continues to read as follows: 

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

chapter 1. 

■ 2. Section 237.101 is amended by 

adding the definition for ‘‘senior 

mentor’’ in alphabetical order as follows: 

237.101 Definitions. 

* * * * * 

‘‘Senior mentor’’ means a retired flag, 

general, or other military officer or 

retired senior civilian official who 

provides expert experience-based 

mentoring, teaching, training, advice, 

and recommendations to senior military 

officers, staff, and students as they 

participate in war games, warfighting 

courses, operational planning, 

operational exercises, and decisionmaking exercises. 

■ 3. Section 237.102–73 is added as 

follows: 

237.102–73 Prohibition on contracts for 

services of senior mentors. 

DoD is prohibited from entering into 

contracts for the services of senior 

mentors. See PGI 237.102–73 for 

references to DoD policy and 

implementation guidance. 

[FR Doc. 2010–29507 Filed 11–23–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 242 

RIN 0750–AG77 

Defense Federal Acquisition 

Regulation Supplement; Contractor 

Insurance/Pension Review (DFARS 

Case 2009–D025) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: The Department of Defense 

(DoD) is issuing a final rule to remove 

and relocate the requirements for 

conducting a Contractor Insurance/ 

Pension Review from Procedures, 

Guidance, and Information (PGI) to the 

Defense Federal Acquisition Regulation 

Supplement (DFARS). 

DATES: Effective Date: November 24, 

2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Overstreet, 703–602–0311. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule relocates requirements 

for Contractor Insurance/Pension 

Review to DFARS 242.7302 from PGI 

242.7302. 

DoD published a proposed rule at 75 

FR 33237 on June 11, 2010, and the 

public comment period closed on 

August 10, 2010. No public comments 

were received. Therefore, DoD is making 

no changes to the final rule. 

II. Executive Order 12866 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. This rule is not a 

major rule under 5 U.S.C. 804. 

III. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. The 

rule is consistent with existing policy 

that a CIPR is only required for those 

contractors that have $50 million in 

qualifying sales to the Government. The 

rule merely relocates the requirements 

for CIPR from the PGI to the DFARS. 

IV. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 96–511) applies because information 

collection requirements in the proposed 

rule at DFARS subpart 242.73 are 

currently approved under Office of 

Management and Budget Control 

Number 0704–0250. Relocating the 

requirement has no impact on the 

information collection requirement. 

List of Subjects in 48 CFR Part 242 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 242 is 

amended as follows: 

PART 242—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 1. The authority citation for 48 CFR 

part 242 continues to read as follows: 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 71565 

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

chapter 1. 

■ 2. Revise section 242.7302 to read as 

follows: 

242.7302 Requirements. 

(a)(1) An in-depth CIPR as described 

at DFARS 242.7301(a)(1) shall be 

conducted only when— 

(i) A contractor has $50 million of 

qualifying sales to the Government 

during the contractor’s preceding fiscal 

year; and 

(ii) The ACO, with advice from DCMA 

insurance/pension specialists and 

DCAA auditors, determines a CIPR is 

needed based on a risk assessment of 

the contractor’s past experience and 

current vulnerability. 

(2) Qualifying sales are sales for 

which cost or pricing data were required 

under 10 U.S.C. 2306a, as implemented 

in FAR 15.403, or that are contracts 

priced on other than a firm-fixed-price 

or fixed-price with economic price 

adjustment basis. Sales include prime 

contracts, subcontracts, and 

modifications to such contracts and 

subcontracts. 

(b) A special CIPR that concentrates 

on specific areas of a contractor’s 

insurance programs, pension plans, or 

other deferred compensation plans shall 

be performed for a contractor 

(including, but not limited to, a 

contractor meeting the requirements in 

paragraph (a) of this section) when any 

of the following circumstances exists, 

but only if the circumstance(s) may 

result in a material impact on 

Government contract costs: 

(1) Information reveals a deficiency in 

the contractor’s insurance/pension 

program. 

(2) The contractor proposes or 

implements changes in its insurance, 

pension, or deferred compensation 

plans. 

[FR Doc. 2010–29494 Filed 11–23–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XZ82 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; 

Reopening of the 2010–2011 

Commercial Sector for Black Sea Bass 

in the South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reopening. 

SUMMARY: NMFS reopens the 2010–2011 

commercial sector for South Atlantic 

black sea bass in the exclusive economic 

zone (EEZ). NMFS previously 

determined the quota for the 

commercial sector would be reached by 

October 7, 2010, and closed the 

commercial sector for black sea bass in 

the South Atlantic. The latest estimates 

for landings indicate the quota was not 

reached by that date. Consequently, 

NMFS will reopen the commercial 

sector for 14 days. The purpose of this 

action is to allow the commercial sector 

to maximize harvest benefits and at the 

same time protect the black sea bass 

resource. 

DATES: The reopening is effective 12:01 

a.m., local time, December 1, 2010, until 

12:01 a.m., local time, on December 15, 

2010. The commercial sector will then 

be closed until the end of the fishing 

season, 12:01 a.m., local time, June 1, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–824– 

5305, fax 727–824–5308, e-mail 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council (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. Those regulations 

set the commercial quota for black sea 

bass in the South Atlantic at 309,000 lb 

(140,160 kg) for the current fishing year, 

June 1, 2010, though May 31, 2011, as 

specified in 50 CFR 622.42(e)(5)(iii). 

Black sea bass are managed 

throughout their range. In the South 

Atlantic EEZ, black sea bass are 

managed by the Council from 35°15.19′ 

N. lat., the latitude of Cape Hatteras 

Light, North Carolina, south. From Cape 

Hatteras Light, North Carolina, through 

Maine, black sea bass are managed 

jointly by the Mid-Atlantic Fishery 

Management Council and the Atlantic 

States Marine Fisheries Commission. 

Therefore, the closure provisions 

contained in this notice are applicable 

to those vessels harvesting or possessing 

black sea bass from Key West, Florida, 

through Cape Hatteras Light, North 

Carolina. 

Under 50 CFR 622.43(a)(5), NMFS is 

required to close the commercial sector 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect with 

the Office of the Federal Register. NMFS 

projected the commercial sector for 

black sea bass in the South Atlantic 

would reach the quota on, or before, 

October 7, 2010, and closed the fishery 

on that date (75 FR 60008, September 

29, 2010). However, based on current 

statistics, NMFS has determined that 

only 82 percent of the available 

commercial quota was landed by that 

date. Based on daily landings rates and 

the pounds remaining on the quota 

(approximately 56,134 lb (25,462 kg)), 

NMFS has determined the fishery can 

reopen for 14 days. Accordingly, NMFS 

is reopening the commercial sector for 

black sea bass in the South Atlantic 

from 12:01 a.m., local time, on 

December 1, 2010, until 12:01 a.m., 

local time, on December 15, 2010. The 

commercial sector will then be closed 

until 12:01 a.m., local time, June 1, 

2011, the end of the current fishing year. 

December 1, 2010, was chosen as the 

reopening day for the commercial sector 

based on feedback from the fishing 

industry and weather concerns, which 

indicated that this was the best time to 

reopen. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper may not fish 

for or retain black sea bass in the South 

Atlantic prior to 12:01 a.m., local time, 

December 1, 2010, and must have 

landed and bartered, traded, or sold 

such black sea bass prior to 12:01 a.m., 

local time, December 15, 2010. 

During the closure, the bag limit and 

possession limits specified in 50 CFR 

622.39(d)(1)(vii) and (d)(2), respectively, 

apply to all harvest or possession of 

black sea bass in or from the South 

Atlantic EEZ, and the sale or purchase 


jlentini on DSKJ8SOYB1PROD with RULES