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 


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71566 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 

of black sea bass taken from the EEZ is 

prohibited. The prohibition on sale or 

purchase does not apply to sale or 

purchase of black sea bass that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m., local time, October 7, 

2010, 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 black sea bass 

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 good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B). Allowing prior notice 

and opportunity for public comment on 

the reopening is unnecessary because 

the rule establishing the annual quota 

has already been subject to notice and 

comment, and all that remains is to 

notify the public that additional harvest 

is available under the established quota 

and, therefore, the fishery will reopen 

for a limited time period. 

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(c) and is exempt from review 

under Executive Order 12866. 

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

Dated: November 19, 2010. 

Brian W. Parker, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–29657 Filed 11–19–10; 4:15 pm] 

BILLING CODE 3510–22–P 


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