76300 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 

United States or Canada, or provide 

predominantly domestic components. 

V. Paperwork Reduction Act 

This final rule does not impose any 

new or modified reporting, 

recordkeeping, or information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Clare M. Zebrowski, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 225—FOREIGN ACQUISITION 

■ 2. Revise section 225.7009–2 to read 

as follows: 

225.7009–2 Restriction. 

(a) Do not acquire ball and roller 

bearings unless— 

(1) The bearings are manufactured in 

the United States or Canada; and 

(2) For each ball or roller bearing, the 

cost of the bearing components mined, 

produced, or manufactured in the 

United States or Canada exceeds 50 

percent of the total cost of the bearing 

components of that ball or roller 

bearing. 

(b) The restriction at 225.7003–2 may 

also apply to bearings that are made 

from specialty metals, such as high 

carbon chrome steel (bearing steel). 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.212–7001 [Amended] 

■ 3. Section 252.212–7001 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(DEC 2010)’’; and 

■ b. In paragraph (b)(10) by removing 

‘‘(MAR 2006)’’ and adding in its place 

‘‘(DEC 2010)’’. 

■ 4. Revise section 252.225–7016 to 

read as follows: 

252.225–7016 Restriction on Acquisition 

of Ball and Roller Bearings. 

As prescribed in 225.7009–5, use the 

following clause: 

RESTRICTION ON ACQUISITION OF BALL 

AND ROLLER BEARINGS (DEC 2010) 

(a) Definitions. As used in this clause— 

(1) Bearing component means the bearing 

element, retainer, inner race, or outer race. 

(2) Component, other than a bearing 

component, means any item supplied to the 

Government as part of an end product or of 

another component. 

(3) End product means supplies delivered 

under a line item of this contract. 

(b) Except as provided in paragraph (c) of 

this clause— 

(1) Each ball and roller bearing delivered 

under this contract shall be manufactured in 

the United States, its outlying areas, or 

Canada; and 

(2) For each ball or roller bearing, the cost 

of the bearing components mined, produced, 

or manufactured in the United States, its 

outlying areas, or Canada shall exceed 50 

percent of the total cost of the bearing 

components of that ball or roller bearing. 

(c) The restriction in paragraph (b) of this 

clause does not apply to ball or roller 

bearings that are acquired as— 

(1) Commercial components of a 

noncommercial end product; or 

(2) Commercial or noncommercial 

components of a commercial component of a 

noncommercial end product. 

(d) The restriction in paragraph (b) of this 

clause may be waived upon request from the 

Contractor in accordance with subsection 

225.7009–4 of the Defense Federal 

Acquisition Regulation Supplement. 

(e) If this contract includes DFARS clause 

252.225–7009, Restriction on Acquisition of 

Certain Articles Containing Specialty Metals, 

all bearings that contain specialty metals, as 

defined in that clause, must meet the 

requirements of that clause. 

(f) The Contractor shall insert the 

substance of this clause, including this 

paragraph (f), in all subcontracts, except 

those for— 

(1) Commercial items; or 

(2) Items that do not contain ball or roller 

bearings. 

(End of clause) 

[FR Doc. 2010–30670 Filed 12–7–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100510220–0598–05] 

RIN 0648–AY90 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 

Emergency Fisheries Closure in the 

Gulf of Mexico Due to the Deepwater 

Horizon MC252 Oil Spill; Amendment 4 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary emergency rule; 

request for comments. 

SUMMARY: NMFS issues this temporary 

emergency rule to prohibit royal red 

shrimp fishing in a specific area of the 

Gulf of Mexico (Gulf) exclusive 

economic zone (EEZ), in response to a 

fishery interaction of the Gulf shrimp 

fishery with sub-surface oil byproducts 

from the Deepwater Horizon MC252 oil 

spill. This temporary emergency rule 

supersedes the temporary emergency 

rule published December 1, 2010 (75 FR 

74648) and will remain in effect for 60 

days. The intended effect of this 

temporary emergency rule is to assure 

seafood safety and consumer confidence 

in Gulf seafood. 

DATES: This rule is effective December 3, 

2010, through 12:01 a.m., local time, 

February 2, 2011. Comments may be 

submitted through January 2, 2011. 

ADDRESSES: You may submit comments 

on this rule, identified by ‘‘0648–AY90’’ 

by any of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

• Fax: 727–824–5308; Attention: 

Anik Clemens. 

• Mail: Anik Clemens, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period. 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. 

To submit comments through the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov, enter ‘‘NOAA– 

NMFS–2010–0244’’ in the keyword 

search, then select ‘‘Send a Comment or 

Submission.’’ 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. 

Copies of the environmental 

assessment, signed on June 17, 2010, 

may be obtained from Susan Gerhart, 

Southeast Regional Office, NMFS, 263 

13th Avenue South, St. Petersburg, FL 

33701–5505; telephone: 727–824–5305; 

e-mail: Susan.Gerhart@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Anik Clemens, telephone: 727–824– 

5305, fax: 727–824–5308; e-mail: 

anik.clemens@noaa.gov. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 76301 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) provides the 

legal authority for the promulgation of 

emergency regulations under section 

305(c). 

Background 

NMFS responded to the April 20, 

2010, Deepwater Horizon MC252 oil 

spill by closing a portion of the Gulf 

EEZ to all fishing through an emergency 

rule effective May 2, 2010 (75 FR 24822, 

May 6, 2010). Oil continued to leak from 

the Deepwater Horizon MC252 site and 

the spatial and temporal location of the 

oil in the Gulf EEZ continued to change. 

NMFS revised the closed area in a 

second emergency rule that became 

effective May 7, 2010 (75 FR 26679, May 

12, 2010). The dynamic situation 

regarding the Deepwater Horizon 

MC252 oil spill required a method to 

respond rapidly to changing conditions. 

Delaying the announcement of the new 

fishery closed area could have led to the 

possible harvest of adulterated seafood 

products. Therefore, NMFS issued a 

third emergency rule, effective May 11, 

2010 (75 FR 27217, May 14, 2010), that 

allowed NMFS to revise the closed area 

as needed (on a daily or weekly basis) 

and announce the revised closed area 

via NOAA Weather Radio, Fishery 

Bulletin, and NOAA Web site updates, 

without the need to announce the new 

closure boundary coordinates in the 

Federal Register. 

Closing and Reopening Areas Affected 

by the Oil Spill 

The third emergency rule also 

identified a procedure for reopening 

closed areas. Closed areas may be 

reopened if NMFS has determined that 

oil from the Deepwater Horizon MC252 

oil spill has never been in those areas. 

Closed areas may also be reopened if 

NMFS has determined that fish and 

other marine species within the closed 

area meet Food and Drug 

Administration (FDA) standards for 

public health and wholesomeness. The 

procedures did not address fishery 

interactions with sub-surface oil, tar, or 

oil byproducts. 

The temporary emergency rule 

published December 1, 2010 (75 FR 

74648) revised the NMFS procedure by 

allowing for timely adjustment of the 

closed area of the Gulf as applied to 

royal red shrimp fishing in response to 

interactions of the Gulf shrimp fishery 

with sub-surface oil, tar, or oil 

byproducts. In the same temporary 

emergency rule, NMFS closed a specific 

area of the Gulf to royal red shrimp 

fishing only, adjacent to the area 

currently closed to all fishing in 

response to an interaction by the Gulf 

shrimp fishery, which occurred 

approximately 22 miles (35 km) from 

the Deepwater Horizon MC252 well 

head, where a royal red shrimp trawl 

vessel caught a large quantity of tar balls 

in its trawl net. The area closed to royal 

red shrimp fishing only included the 

location where the interaction occurred, 

the area where the majority of royal red 

shrimp fishing effort occurred, and the 

area where the majority of the in situ 

burns occurred after the Deepwater 

Horizon MC252 incident. The tar balls 

found in the royal red shrimp trawl net 

are believed to be the result of burn 

residue from the in situ burns that 

occurred in close proximity to the well 

head. The temporary emergency rule 

that published on December 1, 2010, 

became effective on November 24, 2010 

and expires on December 4, 2010. 

Need for This Temporary Emergency 

Rule 

This temporary emergency rule 

supersedes the temporary emergency 

rule published December 1, 2010 (75 FR 

74648). This rule restores the regulatory 

text relating to the procedures for 

implementing future fishery closures 

related to the Deepwater Horizon 

MC252 oil spill, promulgated through 

rulemaking, published May 14, 2010 (75 

Fr 27217). Through this temporary 

emergency rule, NMFS is prohibiting 

royal red shrimp fishing in the area of 

the Gulf EEZ identified in the December 

1, 2010 temporary emergency rule (also 

found in the second table below), for 60 

days. This is a precautionary action to 

assure seafood safety and consumer 

confidence in Gulf seafood while NMFS 

further investigates the deepwater area 

where the royal red shrimp component 

of the Gulf shrimp fishery is 

concentrated. Specifically, NMFS will 

sample in and around the area of the 

Gulf where the interaction occurred to 

determine the extent of the tar balls. 

NMFS is concerned about seafood 

interactions with oil, tar, and oil 

byproducts. The FDA considers seafood 

that has interacted with oil, tar, or oil 

byproducts to be adulterated. NMFS 

will continue to analyze the tar balls 

found in the area close to the well head 

in an attempt to determine if they 

originated from the Deepwater Horizon 

MC252 incident. 

NMFS is not aware of interactions of 

any Gulf fishery, other than the royal 

red shrimp component of the Gulf 

shrimp fishery, with tar balls or other 

sub-surface oil byproducts. The penaeid 

(brown, white, and pink shrimp) shrimp 

trawl component of the Gulf shrimp 

fishery occurs in shallower waters 

rather than in the vicinity of the in situ 

burn sites. Other deepwater fishing 

activities occur in the area, but bottom 

trawling is not used in those fishing 

activities. Trawls move across the 

bottom, collecting shrimp and other 

items. For this reason, tar balls and 

other potential oil byproducts are likely 

to be collected and intermingled with 

the shrimp catch. Therefore, NMFS will 

continue to sample the shrimp and 

other seafood in and around the area 

currently closed to royal red shrimp 

fishing to ensure the seafood is not 

adulterated. 

The public may obtain the boundary 

coordinates for the area closed to all 

fishing by listening to NOAA Weather 

Radio, visiting the Southeast Regional 

Office Web site: http:// 

sero.nmfs.noaa.gov/, reading the emailed or posted Fishery Bulletins, 

reading a tweet that the closed area has 

been revised, or by calling the 

Deepwater Horizon MC252 oil spill 

hotline number (1–800–627–6622) to 

listen to a recorded message of the 

updated boundary coordinates. To 

improve public outreach, the fishery 

bulletins and the recorded messages are 

also available in Spanish and 

Vietnamese. 

The current area closed to all fishing 

related to the Deepwater Horizon 

MC252 oil spill, as of November 15, 

2010, is bounded by rhumb lines 

connecting, in order, the following 

coordinates: 

Point North lat. West long. 

A .......... 29°00′ ............... 88°30′. 

B .......... 29°00′ ............... 88°00′. 

C .......... 28°30′ ............... 88°00′. 

D .......... 28°30′ ............... 88°30′. 

A .......... 29°00′ ............... 88°30′. 

In addition to the area closed to all 

fishing, the area closed to royal red 

shrimp fishing only continues to be 

bounded by rhumb lines connecting, in 

order, the following coordinates: 

Point North lat. West long. 

A ........................................................................ 29°30’ ............................................................... LA State/EEZ boundary. 

B ........................................................................ 29°30′ ............................................................... 87°30′. 


jlentini on DSKJ8SOYB1PROD with RULES
76302 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 

Point North lat. West long. 

C ........................................................................ 29°00′ ............................................................... 87°30′. 

D ........................................................................ 29°00′ ............................................................... 88°30′. 

E ........................................................................ 28°30′ ............................................................... 88°30′. 

F ......................................................................... 28°30′ ............................................................... 89°00′. 

G ........................................................................ LA State/EEZ boundary ................................... 89°00′. 

From point G follow the state/EEZ boundary 

back to point A.

A ........................................................................ 29°30′ ............................................................... LA State/EEZ boundary. 

This rule will remain in effect for 60 

days. 

Classification 

This action is issued pursuant to 

section 305(c) of the Magnuson-Stevens 

Act, 16 U.S.C. 1855(c). 

This rulemaking is a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. The Department 

of Commerce has notified the Office of 

Management and Budget Office of 

Information and Regulatory Affairs 

(OMB/OIRA) under section 6(a)(3)(D) of 

the Executive Order, and OMB/OIRA 

agrees, that NOAA is promulgating this 

action in an emergency situation and 

that normal Executive Order review is 

not practicable at this time. For this 

reason, OMB/OIRA has not reviewed 

this notice under EO 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

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

notice and the opportunity for public 

comment. Prior notice and the 

opportunity for public comment would 

be impracticable and contrary to the 

public interest, as delaying this action is 

a seafood safety concern and could 

result in compromised seafood products 

reaching the public. This temporary 

emergency rule prohibits royal red 

shrimp fishing in the area of the Gulf 

EEZ identified in a temporary 

emergency rule published December 1, 

2010 (75 FR 74648) and supersedes that 

temporary emergency rule. NMFS will 

continue to investigate the deepwater 

area where the majority of the royal red 

shrimp fishing effort occurs by sampling 

the area for tar balls, to determine tar 

ball distribution across the area and to 

determine if the tar balls originated from 

the Deepwater Horizon MC252 incident. 

NMFS is concerned that seafood may 

have interacted with the tar balls. The 

FDA considers such seafood to be 

adulterated. This temporary emergency 

rule is necessary to prevent the harvest 

of adulterated seafood products. 

For the reasons stated above, the AA 

also finds good cause to waive the 30- 

day delay in effective date of this rule 

under 5 U.S.C 553(d)(3). 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553 or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq. are inapplicable. 

List of Subject in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: December 2, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 622 is amended 

as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.34, paragraph (w) is added 

to read as follows: 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(w) Gulf EEZ area closure related to 

Deepwater Horizon oil spill. Effective 

December 3, 2010, all fishing is 

prohibited in the portion of the Gulf 

EEZ identified in the map shown on the 

NMFS Web site: http://sero.nmfs.noaa.

gov/deepwater_horizon_oil_spill.htm. 

[FR Doc. 2010–30870 Filed 12–3–10; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 100622276–0569–02] 

RIN 0648–AY98 

Atlantic Highly Migratory Species; 

2011 Commercial Fishing Season and 

Adaptive Management Measures for 

the Atlantic Shark Fishery 

AGENCY: National Marine Fisheries 

Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Final rule; fishing season 

notification. 

SUMMARY: This final rule establishes 

opening dates and adjusts quotas for the 

2011 fishing season for sandbar sharks, 

non-sandbar large coastal sharks (LCS), 

blacknose shark, non-blacknose small 

coastal shark (SCS), blue sharks, 

porbeagle sharks, and pelagic sharks 

(other than porbeagle or blue sharks) 

based on any over- and/or 

underharvests experienced during the 

2009 and 2010 Atlantic commercial 

shark fishing seasons. NMFS is taking 

this action to establish the 2011 

adjusted fishing quotas and to open the 

commercial fishing seasons for the 

Atlantic sandbar shark, non-sandbar 

LCS, blacknose shark, non-blacknose 

SCS, and pelagic shark fisheries based 

on over- and underharvests from the 

2009 and 2010 fishing season. This 

action is expected to affect commercial 

shark fishermen in the Atlantic and Gulf 

of Mexico regions. In addition to 

establishing opening dates and adjusting 

annual quotas, this final rule 

implements adaptive management 

measures, including flexible opening 

dates for the fishing season, as well as 

inseason adjustments to shark trip 

limits, to provide flexibility in 

management in the furtherance of 

equitable fishing opportunities, to the 

extent practicable, for commercial shark 

fishermen in all regions and areas. 

These actions are expected to affect 


jlentini on DSKJ8SOYB1PROD with RULES