Federal Register / Vol. 76, No. 15 / Monday, January 24, 2011 / Rules and Regulations 4079 

Argyle Stations, Inc. (‘‘Hearst-Argyle’’), 

the licensee of station WPTZ(DT), 

channel 14, North Pole, New York, 

proposing to reallot channel 14 from 

North Pole to Plattsburgh, New York, 

and to modify station WPTZ(DT)’s 

authorization to specify Plattsburgh as 

its community of license. 

DATES: This rule is effective February 

23, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Joyce L. Bernstein, 

joyce.bernstein@fcc.gov, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MM Docket No. 99–238, 

adopted January 4, 2011, and released 

January 5, 2011. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for small 

business concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR Part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under New York, is amended by: 

■ a. Removing channel 14 from North 

Pole, and by removing North Pole. 

■ b. Removing Plattsburg and adding in 

its place Plattsburgh; and 

■ c. Adding channel 14 to Plattsburgh. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau. 

[FR Doc. 2011–1376 Filed 1–21–11; 8:45 am] 

BILLING CODE 6712–01–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1804 and 1852 

RIN 2700–AD46 

Information Technology (IT) Security 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final rule. 

SUMMARY: NASA is revising the NASA 

FAR Supplement (NFS) to update 

requirements related to Information 

Technology Security, consistent with 

Federal policies for the security of 

unclassified information and 

information systems. The rule imposes 

no new requirements. Its purpose is to 

more clearly define applicability, 

update procedural processes, eliminate 

the requirement for contractor personnel 

to meet the NASA System Security 

Certification Program, and provide a 

Web site link within a contract clause to 

a library where contractors can find all 

underlying regulations and referenced 

documents. 

DATES: Effective Date: January 24, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Leigh Pomponio, NASA, Office of 

Procurement, Contract Management 

Division; (202) 358–0592; e-mail: 

leigh.pomponio@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

NASA published a proposed rule in 

the Federal Register (73 FR 73201– 

73202) on December 2, 2008. The sixty 

day comment period expired February 

2, 2009. Six comments were received 

from two respondents. 

Comment: IT Security should be 

addressed through government-wide 

policies, standards, and requirements. 

NASA response: NASA has requested 

that the Defense Acquisition Regulation 

(DAR) Council consider a governmentwide IT Security clause. However, due 

to the critical importance of protecting 

the Agency’s Information Technology 

(IT) resources, the Agency will continue 

to pursue this case. When and if the 

Federal Acquisition Regulation (FAR) is 

amended to include similar coverage, 

the Agency will modify or eliminate any 

redundant coverage. 

Comment: The proposed requirement 

to maintain a listing of NASA Electronic 

Information and IT resources is too 

broad. 

NASA response: Although 

maintaining an inventory of electronic 

messages and other documents may 

appear burdensome, this information 

can be critical to the maintenance of our 

information systems and in meeting our 

institutional and mission objectives. At 

the completion of the contract, the 

Contracting Officer will be supported by 

the cognizant subject matter experts in 

properly assessing the information and 

determining disposition instructions. 

Comment: The proposed requirement 

to represent that all NASA Electronic 

Information has been purged from the 

contractor’s IT systems is unworkable. 

NASA response: The clause has been 

revised and purging requirements have 

been deleted. 

Comment: NASA should clarify the IT 

Security Management Plan 

Requirement. 

NASA response: This requirement has 

been clarified at 1852.204–76. The IT 

Security Management Plan addresses 

how the contractor will manage 

personnel and processes associated with 

IT Security on the instant contract. 

Comment: The Access Provision in 

NFS 1852.204–76 is duplicative of FAR 

52.215–2 and should be deleted. 

NASA response: FAR 52.215–2 deals 

primarily with access to the Contractor’s 

cost and pricing data and other 

supporting records. The proposed 

provisions of 1852.204–76(f) concern 

access to contractor facilities, 

installations, operations, etc. in order to 

conduct IT inspection, investigation, 

and audit to safeguard against threats 

and hazards to NASA Electronic 

Information. 

Comment: The Applicable Documents 

List (ADL) should contain all relevant 

security documents. 

NASA response: The ADL attached to 

the contract will provide a specific 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
4080 Federal Register / Vol. 76, No. 15 / Monday, January 24, 2011 / Rules and Regulations 

listing of all documents applicable to 

the contract. The ADL will point to 

NASA’s Chief Information Officer (CIO) 

Web site at http://www.nasa.gov/offices/ 

ocio/itsecurity/index.html and 

specifically to the section containing 

full text versions of all applicable 

documents. The Web site will also 

maintain archive access to previous 

versions of applicable documents to 

support any contract administration 

issues that may arise during 

performance of the contract. 

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 

proposed rule is not a major rule under 

5 U.S.C. 804. 

B. Regulatory Flexibility Act 

This final rule is not expected to 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. 

because it does not impose any new 

requirements. The rule may result in 

some time savings, thereby reducing the 

economic impact to small entities 

because all contract IT requirements are 

being centralized at one easy-to-locate 

site. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 104–13) is not applicable because the 

NFS changes do not impose 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 1804 

and 1852 

Government procurement. 

William P. McNally, 

Assistant Administrator for Procurement. 

Accordingly, 48 CFR parts 1804 and 

1852 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 1804 and 1852 continues to read 

as follows: 

Authority: 42 U.S.C. 2455(a), 2473(c)(1) 

PART 1804—ADMINISTRATIVE 

MATTERS 

■ 2. Section 1804.470–3 is revised to 

read as follows: 

1804.470–3 IT security requirements. 

(a) These IT security requirements 

cover all NASA awards in which IT 

plays a role in the provisioning of 

services or products (e.g., research and 

development, engineering, 

manufacturing, IT outsourcing, human 

resources, and finance) that support 

NASA in meeting its institutional and 

mission objectives. These requirements 

are applicable when a contractor or 

subcontractor must obtain physical or 

electronic access beyond that granted 

the general public to NASA’s computer 

systems, networks, or IT infrastructure. 

These requirements are applicable when 

NASA information is generated, stored, 

processed, or exchanged with NASA or 

on behalf of NASA by a contractor or 

subcontractor, regardless of whether the 

information resides on a NASA or a 

contractor/subcontractor’s information 

system. 

(b) The Applicable Documents List 

(ADL) should consist of all NASA 

Agency-level IT Security and Center IT 

Security Policies applicable to the 

contract. Documents listed in the ADL 

as well as applicable Federal IT Security 

Policies are available at the NASA IT 

Security Policy Web site at: http:// 

www.nasa.gov/offices/ocio/itsecurity/ 

index.html. 

■ 3. Section 1804.470–4 is revised to 

read as follows: 

1804.470–4 Contract clause. 

(a) Insert the clause at 1852.204–76, 

Security Requirements for Unclassified 

Information Technology Resources, in 

all solicitations and awards when 

contract performance requires 

contractors to— 

(1) Have physical or electronic access 

to NASA’s computer systems, networks, 

or IT infrastructure; or 

(2) Use information systems to 

generate, store, process, or exchange 

data with NASA or on behalf of NASA, 

regardless of whether the data resides 

on a NASA or a contractor’s information 

system. 

(b) Parts of the clause and referenced 

ADL may be waived by the contracting 

officer if the contractor’s ongoing IT 

security program meets or exceeds the 

requirements of NASA Procedural 

Requirements (NPR) 2810.1 in effect at 

time of award. The current version of 

NPR 2810.1 is referenced in the ADL. 

The contractor shall submit a written 

waiver request to the Contracting Officer 

within 30 days of award. The waiver 

request will be reviewed by the Center 

IT Security Manager. If approved, the 

Contractor Officer will notify the 

contractor, by contract modification, 

which parts of the clause or provisions 

of the ADL are waived. 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Section 1852.204–76 is revised to 

read as follows: 

1852.204–76 Security requirements for 

unclassified information technology 

resources. 

As prescribed in 1804.470–4(a), insert 

the following clause: 

SECURITY REQUIREMENTS FOR 

UNCLASSIFIED INFORMATION 

TECHNOLOGY RESOURCES (MONTH 

YEAR) 

(a) The contractor shall protect the 

confidentiality, integrity, and availability of 

NASA Electronic Information and IT 

resources and protect NASA Electronic 

Information from unauthorized disclosure. 

(b) This clause is applicable to all NASA 

contractors and sub-contractors that process, 

manage, access, or store unclassified 

electronic information, to include Sensitive 

But Unclassified (SBU) information, for 

NASA in support of NASA’s missions, 

programs, projects and/or institutional 

requirements. Applicable requirements, 

regulations, policies, and guidelines are 

identified in the Applicable Documents List 

(ADL) provided as an attachment to the 

contract. The documents listed in the ADL 

can be found at: http://www.nasa.gov/offices/ 

ocio/itsecurity/index.html. For policy 

information considered sensitive, the 

documents will be identified as such in the 

ADL and made available through the 

Contracting Officer. 

(c) Definitions. 

(1) IT resources means any hardware or 

software or interconnected system or 

subsystem of equipment, that is used to 

process, manage, access, or store electronic 

information. 

(2) NASA Electronic Information is any 

data (as defined in the Rights in Data clause 

of this contract) or information (including 

information incidental to contract 

administration, such as financial, 

administrative, cost or pricing, or 

management information) that is processed, 

managed, accessed or stored on an IT 

system(s) in the performance of a NASA 

contract. 

(3) IT Security Management Plan—This 

plan shall describe the processes and 

procedures that will be followed to ensure 

appropriate security of IT resources that are 

developed, processed, or used under this 

contract. Unlike the IT security plan, which 

addresses the IT system, the IT Security 

Management Plan addresses how the 

contractor will manage personnel and 

processes associated with IT Security on the 

instant contract. 

(4) IT Security Plan—this is a FISMA 

requirement; see the ADL for applicable 

requirements. The IT Security Plan is specific 

to the IT System and not the contract. Within 

30 days after award, the contractor shall 

develop and deliver an IT Security 

Management Plan to the Contracting Officer; 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 15 / Monday, January 24, 2011 / Rules and Regulations 4081 

the approval authority will be included in 

the ADL. All contractor personnel requiring 

physical or logical access to NASA IT 

resources must complete NASA’s annual IT 

Security Awareness training. Refer to the IT 

Training policy located in the IT Security 

Web site at https://itsecurity.nasa.gov/ 

policies/index.html. 

(d) The contractor shall afford Government 

access to the Contractor’s and subcontractors’ 

facilities, installations, operations, 

documentation, databases, and personnel 

used in performance of the contract. Access 

shall be provided to the extent required to 

carry out a program of IT inspection (to 

include vulnerability testing), investigation 

and audit to safeguard against threats and 

hazards to the integrity, availability, and 

confidentiality of NASA Electronic 

Information or to the function of IT systems 

operated on behalf of NASA, and to preserve 

evidence of computer crime. 

(e) At the completion of the contract, the 

contractor shall return all NASA information 

and IT resources provided to the contractor 

during the performance of the contract in 

accordance with retention documentation 

available in the ADL. The contractor shall 

provide a listing of all NASA Electronic 

information and IT resources generated in 

performance of the contract. At that time, the 

contractor shall request disposition 

instructions from the Contracting Officer. 

The Contracting Officer will provide 

disposition instructions within 30 calendar 

days of the contractor’s request. Parts of the 

clause and referenced ADL may be waived by 

the contracting officer, if the contractor’s 

ongoing IT security program meets or 

exceeds the requirements of NASA 

Procedural Requirements (NPR) 2810.1 in 

effect at time of award. The current version 

of NPR 2810.1 is referenced in the ADL. The 

contractor shall submit a written waiver 

request to the Contracting Officer within 30 

days of award. The waiver request will be 

reviewed by the Center IT Security Manager. 

If approved, the Contractor Officer will notify 

the contractor, by contract modification, 

which parts of the clause or provisions of the 

ADL are waived. 

(f) The contractor shall insert this clause, 

including this paragraph in all subcontracts 

that process, manage, access or store NASA 

Electronic Information in support of the 

mission of the Agency. 

(End of clause) 

[FR Doc. 2010–32740 Filed 1–21–11; 8:45 am] 

BILLING CODE 7510–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XA167 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Greater Than or Equal 

to 60 Feet (18.3 Meters) Length Overall 

Using Pot Gear in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by pot catcher 

vessels greater than or equal to 60 feet 

(18.3 meters (m)) length overall (LOA) 

in the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the A 

season allowance of the 2011 Pacific 

cod total allowable catch (TAC) 

specified for pot catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 21, 2011, through 

1200 hrs, A.l.t., September 1, 2011. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season allowance of the 2011 

Pacific cod TAC allocated as a directed 

fishing allowance to pot catcher vessels 

greater than or equal to 60 feet (18.3 m) 

LOA in the BSAI is 8,685 metric tons as 

established by the final 2010 and 2011 

harvest specifications for groundfish in 

the BSAI (75 FR 11778, March 12, 2010) 

and inseason adjustment (76 FR 467, 

January 5, 2011). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS, has determined that the A 

season allowance of the 2011 Pacific 

cod TAC allocated as a directed fishing 

allowance to pot catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

in the BSAI has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by pot 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by pot 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA in the BSAI. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of January 18, 

2011. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: January 19, 2011. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–1362 Filed 1–21–11; 8:45 am] 

BILLING CODE 3510–22–P 


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