9864 Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules 

RELEASE OF RESTRICTED INFORMATION 

(XX/XX) 

(a) Definition. ‘‘Restricted information,’’ as 

used in this clause, means recorded 

information, regardless of form or the media 

on which it may be recorded, the use and 

dissemination of which is restricted, and 

includes: 

(1) Limited rights data; 

(2) Restricted computer software; 

(3) Information incidental to contract 

administration, such as financial, 

administrative, cost or pricing, or 

management information that embody trade 

secrets or are commercial or financial and 

confidential or privileged; and 

(4) Information designated by NASA as 

Sensitive But Unclassified (SBU). 

(b) In performance of NASA contracts, 

contractors, as well as their subcontractors 

and their individual employees, may require 

access to restricted information in the 

Government’s possession. The Contractor 

agrees that, where needed for the 

performance of a NASA contract, NASA may 

release to its contractors, and their 

subcontractors, restricted information 

delivered during the course of this contract. 

Additionally, offerors agree that restricted 

information submitted with their proposals 

may be provided to NASA service contractors 

that assist NASA with contract closeout. If 

suitably marked with a legend indicating that 

use and disclosure of restricted information 

is restricted, such restricted information will 

be subject to the enumerated protections 

mandated by this clause and the clause at 

1852.227–73, Handling and Protection of 

Restricted Information. The Contractor’s 

limited rights data and restricted computer 

software will be provided to other NASA 

contractors or subcontractors only as 

authorized by the clause at 52.227–14, Rights 

in Data—General, Alternates II and III (as 

modified by 1852–227–14, if applicable). 

(c) For purposes of marking such restricted 

information, the Contractor may, in addition 

to any other notice or legend otherwise 

required (e.g., notices required under the 

clause at 52.227–14, Rights in Data—General, 

Alternates II and III), use a notice similar to 

the following: 

Mark the title page with the following 

legend: 

This document was submitted by [insert 

submitter’s name] in performance Contract 

No. [insert contract no.]. Submitter asserts 

that this document contains restricted 

information that embodies trade secrets or is 

commercial or financial and privileged or 

confidential. Such information shall not be 

disclosed outside of NASA except in 

accordance with the clause at NFS 1852.227– 

73, Handling and Protection of Restricted 

Information. This restriction does not limit 

the Government’s right to use this restricted 

information if it is obtained from another 

source without restriction. The restricted 

information subject to this notice is 

contained in pages [insert page numbers or 

other identification of pages]. 

Mark each page containing restricted 

information the Contractor wishes to restrict 

with the following legend: 

This page contains restricted information 

and is subject to the restriction on the title 

page of this document. 

(d) The Contracting Officer shall evaluate 

restricted information marked in accordance 

with paragraph (c) of this clause. Unless the 

Contracting Officer decides, with the advice 

of Center legal counsel, that reasonable 

grounds exist to challenge the markings, 

NASA and its contractors and subcontractors, 

shall comply with all of the safeguards 

contained in paragraph (e) of this clause and 

the clause at 1852.227–73, Handling and 

Protection of Restricted Information. 

(e) To receive access to restricted 

information needed to assist NASA in 

accomplishing NASA mission activities and 

management and administrative functions, 

the Contractor or subcontractor must be 

operating under a contract that contains the 

clause at 1852.227–73, Handling and 

Protection of Restricted Information, which 

obligates the Contractor or subcontractor, 

with respect to restricted information marked 

with a legend indicating that use and 

disclosure of the information is restricted, to 

do the following: 

(1) Use such restricted information only for 

the purpose of performing the services 

specified in its contract, and not appropriate 

the restricted information to its own or 

another’s use; 

(2) Safeguard such restricted information 

from unauthorized use and disclosure; 

(3) Allow access to such restricted 

information only to those employees and 

subcontractors that need it to perform 

services under the contract; 

(4) Preclude access and disclosure of such 

restricted information to persons and entities 

outside of the contractor’s or its 

subcontractor’s organization(s); 

(5) Inform employees who may require 

access to such restricted information about 

obligations to use it only to perform the 

services specified in its contract and to 

safeguard it from unauthorized use and 

disclosure; 

(6) Require that each employee that has 

access to restricted information complies 

with the obligations regarding restricted 

information included in this clause; and 

(7) Return or dispose of such restricted 

information, as NASA may direct, when the 

restricted information is no longer needed for 

performance of work under the contract. 

(f) Exceptions. The obligations and 

prohibitions of paragraph (e) of this clause do 

not apply to restricted information which the 

receiving contractor can demonstrate to the 

Contracting Officer— 

(1) Was publicly available at the time of 

receipt by the receiving contractor or 

thereafter becomes publicly available without 

breach of the receiving contractor’s contract; 

(2) Was known to, in the possession of, or 

developed by or for the receiving contractor 

independently of the restricted information 

received from the Government and such 

knowledge, possession, or independent 

development can be shown; 

(3) Was received by the receiving 

contractor from a party other than the owner 

of the restricted information, who has the 

authority to release the restricted information 

and did not require the receiving contractor 

to hold it in confidence; 

(4) Is released to or becomes available to 

a third party on an unrestricted basis from 

the owner of the restricted information, 

someone acting under the owner’s control, or 

with the prior written approval of the owner; 

or 

(5) Is required to be released under a valid 

order of a court or Government agency, 

provided that the Contractor provides prior 

written notice to the owner of the restricted 

information of such obligation and the 

opportunity to oppose such disclosure. 

(g) When a contractor will have primary 

responsibility for operating an information 

technology system for NASA that contains 

restricted information, the contractor’s 

contract shall also include the clause at 

1852.204–76, Security Requirements for 

Unclassified Information Technology 

Resources. The Security Requirements clause 

requires the contractor to implement an 

Information Technology Security Plan to 

protect information processed, stored, or 

transmitted from unauthorized access, 

alteration, disclosure, or use. Contractor 

personnel requiring privileged access or 

limited privileged access to these information 

technology systems are subject to screening 

using the standard National Agency Check 

(NAC) forms appropriate to the level of risk 

for adverse impact to NASA missions. The 

Contracting Officer may allow the Contractor 

to conduct its own screening, provided the 

contractor employs substantially equivalent 

screening procedures. 

(h) This clause does not affect NASA’s 

responsibilities under the Freedom of 

Information Act. 

(i) Subcontracts. The Contractor shall 

insert, or require the insertion of, this clause, 

including this paragraph (i), suitably 

modified to reflect the relationship of the 

parties, in all subcontracts (regardless of tier). 

(End of clause) 

1852.237–72 and 1852.237–73 [Removed] 

6. Remove sections 1852.237–72 and 

1852.237–73. 

[FR Doc. 2010–4408 Filed 3–3–10; 8:45 am] 

BILLING CODE 7510–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

RIN 0648–AY32 

Fisheries of the Caribbean, Gulf of 

Mexico and South Atlantic; 

Comprehensive Ecosystem-Based 

Amendment 1 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability (NOA); 

request for comments. 

SUMMARY: The South Atlantic Fishery 

Management Council (Council) has 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules 9865 

submitted CE-BA 1 which includes 

amendments to the following South 

Atlantic fishery management plans 

(FMPs): the FMP for Coral, Coral reefs, 

and Live/Hard Bottom Habitats of the 

South Atlantic Region (Coral FMP); the 

FMP for the Dolphin and Wahoo 

Fishery off the Atlantic States (Dolphin 

and Wahoo FMP); the FMP for Golden 

Crab of the South Atlantic Region 

(Golden Crab FMP); the FMP for the 

Shrimp Fishery of the South Atlantic 

Region (Shrimp FMP); and the FMP for 

the Snapper-Grouper Fishery of the 

South Atlantic Region (SnapperGrouper FMP), as prepared and 

submitted by the South Atlantic Fishery 

Management Council (Council); as well 

as the FMP for Coastal Migratory Pelagic 

(CMP) Resources (CMP FMP); and the 

FMP for the Spiny Lobster Fishery of 

the Gulf of Mexico and South Atlantic 

(Spiny Lobster FMP), as prepared and 

submitted by the South Atlantic and 

Gulf of Mexico Fishery Management 

Councils. 

Management actions proposed in CEBA 1 include the establishment of 

deepwater Coral Habitat Areas of 

Particular Concern (CHAPCs) to protect 

what is currently thought to be the 

largest distribution (>23,000 square 

miles) of pristine deepwater coral 

ecosystems in the world. Actions in the 

amendment would prohibit the use of 

bottom damaging fishing gear and allow 

for the creation of allowable fishing 

zones within the CHAPCs in the 

historical fishing grounds of the golden 

crab and deepwater shrimp fisheries 

while extending protection for 

deepwater coral ecosystems. CE-BA 1 

would also amend the Coral, Shrimp, 

Coastal Migratory Pelagics, Golden Crab, 

Spiny Lobster, Dolphin-Wahoo, and 

Snapper-Grouper FMPs to provide 

spatial information on previously 

designated essential fish habitat (EFH). 

DATES: Comments must be received no 

later than 5 p.m., eastern time, on May 

3, 2010. 

ADDRESSES: Comments on CE-BA 1, 

identified by 0648–AY32, may be 

submitted by any one of the following 

methods: 

• Electronic submissions: Submit all 

electronic public comments via the 

Federal rule-making portal: 

www.regulations.gov 

• Mail: Karla Gore, NMFS, Southeast 

Regional Office, 263 13th Avenue 

South, St. Petersburg, FL 33701. 

• Fax: (727) 824–8308 Attn: Karla 

Gore. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period is over. All comments 

received are a part of the public record 

and will generally be posted to 

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. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

Copies of CE-BA 1, which includes a 

final environmental impact statement, a 

regulatory impact review, a regulatory 

flexibility analysis, and a fishery impact 

statement are available from the South 

Atlantic Fishery Management Council, 

4055 Faber Place, Suite 201, North 

Charleston, SC 29405; telephone 843– 

571–4366; fax 843–769–4520; e-mail 

safmc@safmc.net. 

FOR FURTHER INFORMATION CONTACT: 

Karla Gore, telephone: 727–824–5305; 

fax: 727–824–5308; e-mail: 

Karla.Gore@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fisheries for coastal migratory pelagics; 

coral, coral reefs, and live/hard bottom 

habitats; dolphin and wahoo; golden 

crab; shrimp; spiny lobster; and 

snapper-grouper off the southern 

Atlantic states are managed under their 

respective FMPs. The FMPs were 

prepared by the Council and are 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Background 

Management actions proposed in CEBA 1 include the establishment of 

CHAPCs in which the use of bottom 

damaging fishing gear would be 

prohibited. These CHAPCs would 

protect what is currently believed to be 

the largest distribution (>60,000 square 

kilometers; >23,000 square miles) of 

deepwater coral ecosystems in the 

world. Currently, these areas are 

relatively undisturbed by the impacts of 

fishing. The underlying need for this 

action is to protect deepwater coral 

ecosystems in the Council’s jurisdiction, 

which are currently thought to be in 

pristine condition, from future activities 

that could compromise their condition. 

Failure to establish and protect these 

deepwater coral habitats may create 

negative biological impacts on the 

deepwater coral ecosystem and 

associated fauna if destructive fishing 

practices develop and expand into the 

deepwater coral ecosystems. CE-BA 1 

includes alternatives to determine 

which areas in the South Atlantic to 

designate as CHAPCs. 

Currently, the only commercial 

fisheries that operate in the areas are the 

wreckfish, golden crab, and deepwater 

shrimp fisheries. The amendment 

includes alternatives that would allow 

creation of ‘‘allowable golden crab 

fishing areas’’ and ‘‘shrimp fishery 

access areas’’ that would allow these 

fisheries to continue with little or no 

negative impacts to deepwater coral 

ecosystems. The wreckfish fishery 

would not be impacted by the 

designations of the CHAPCs. 

CE-BA 1 would also address the need 

for spatial representations of previously 

designated EFH and EFH-HAPCs. Thus, 

this document proposes to amend the 

following fishery management plans 

(FMPs) to include such EFH and EFHHAPC spatial information: Coral FMP; 

CMP FMP; Shrimp FMP; Golden Crab 

FMP; Spiny Lobster FMP; DolphinWahoo FMP; and the Snapper-Grouper 

FMP. 

The amendment contains alternatives 

for monitoring the golden crab fishery 

within the proposed CHAPCs. The 

Council has selected the ‘‘no action’’ 

alternative as preferred for this action 

due to concerns with feasibility and 

enforcement. 

The Council has submitted CE-BA 1 

for Secretarial review, approval and 

implementation. NMFS’s decision to 

approve, partially approve or 

disapprove CE-BA 1 will be based, in 

part, on consideration of comments, 

recommendations, and information 

received during the comment period on 

this NOA. A proposed rule will be 

published in the Federal Register for 

public comment. After considering 

public comment on the NOA, and 

consistency with the Magnuson-Stevens 

Act and other applicable laws, NMFS 

will publish a notice of agency action in 

the Federal Register announcing the 

Agency’s decision to approve, partially 

approve or disapprove CE-BA 1, and the 

associated rationale. If approved, the 

provisions of CE-BA 1 would be 

specified in a final rule published in the 

Federal Register. 

Consideration of Public Comments 

Public comments received by 5 p.m. 

eastern time on May 3, 2010 will be 

considered by NMFS in the approval/ 

disapproval decision regarding CE-BA 1. 

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


sroberts on DSKD5P82C1PROD with PROPOSALS
9866 Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules 

Dated: February 26, 2010. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–4623 Filed 3–3–10; 8:45 am] 

BILLING CODE 3510–22–S 


sroberts on DSKD5P82C1PROD with PROPOSALS