26560 Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Rules and Regulations 

converter or subscription service, may 

be unprepared for the digital transition 

when it arrives, and may be unable to 

obtain critical information in 

emergencies after the transition. In such 

instances, consumers would be 

financially harmed and deprived of 

service at a critical time. We are 

concerned that delay in the effective 

date of the disclosure requirement will 

result in additional analog-only 

equipment being sold to uninformed 

consumers due to the absence of 

appropriate disclosure, thereby harming 

consumers and undermining the goal of 

the rule. Parties subject to the rule will 

have a reasonable opportunity to 

comply with it, particularly in light of 

the fact that it will not be effective until 

OMB approval. Because delay can result 

in such harms to consumers and 

because affected parties will be afforded 

a reasonable opportunity to comply 

with the rule, we find that there is good 

cause to expedite the effective date of 

this rule. We are also requesting 

emergency PRA approval from OMB. 

38. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Second Report and Order, including 

the Final Regulatory Flexibility 

Analysis, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

39. It is further ordered that the 

Commission shall send a copy of this 

Second 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 15 

Radio frequency devices. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Rule Changes 

■ For the reasons discussed in the 

preamble, the FCC amends 47 CFR part 

15 as follows: 

PART 15—RADIO FREQUENCY 

DEVICES 

■ 1. The authority citation for part 15 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302, 303, 304, 

307, 336, and 544A. 

■ 2. Section 15.117 is amended by 

adding paragraph (k) to read as follows: 

§ 15.117 TV broadcast receivers. 

* * * * * 

(k) The following requirements apply 

to all responsible parties, as defined in 

§ 2.909 of this chapter, and any person 

that displays or offers for sale or rent 

television receiving equipment that is 

not capable of receiving, decoding and 

tuning digital signals. 

(1) Such parties and persons shall 

place conspicuously and in close 

proximity to such television broadcast 

receivers a sign containing, in clear and 

conspicuous print, the Consumer Alert 

disclosure text required by paragraph 

(k)(3) of this section. The text should be 

in a size of type large enough to be clear, 

conspicuous and readily legible, 

consistent with the dimensions of the 

equipment and the label. The 

information may be printed on a 

transparent material and affixed to the 

screen, if the receiver includes a 

display, in a manner that is removable 

by the consumer and does not obscure 

the picture, or, if the receiver does not 

include a display, in a prominent 

location on the device, such as on the 

top or front of the device, when 

displayed for sale, or the information in 

this format may be displayed separately 

immediately adjacent to each television 

broadcast receiver offered for sale and 

clearly associated with the analog-only 

model to which it pertains. 

(2) If such parties and persons display 

or offer for sale or rent such television 

broadcast receivers via direct mail, 

catalog, or electronic means, they shall 

prominently display in close proximity 

to the images or descriptions of such 

television broadcast receivers, in clear 

and conspicuous print, the Consumer 

Alert disclosure text required by 

paragraph (k)(3) of this section. The text 

should be in a size large enough to be 

clear, conspicuous, and readily legible, 

consistent with the dimensions of the 

advertisement or description. 

(3) Consumer alert. This television 

receiver has only an analog broadcast 

tuner and will require a converter box 

after February 17, 2009, to receive overthe-air broadcasts with an antenna 

because of the Nation’s transition to 

digital broadcasting. Analog-only TVs 

should continue to work as before with 

cable and satellite TV services, gaming 

consoles, VCRs, DVD players, and 

similar products. For more information, 

call the Federal Communications 

Commission at 1–888–225–5322 (TTY: 

1–888–835–5322) or visit the 

Commission’s digital television Web site 

at: http://www.dtv.gov. 

[FR Doc. 07–2318 Filed 5–9–07; 8:45 am] 

BILLING CODE 6712–01–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1804 and 1852 

RIN 2700–AD26 

Security Requirements for Unclassified 

Information Technology (IT) Resources 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final rule. 

SUMMARY: NASA is amending the clause 

at NASA FAR Supplement (NFS) 

1852.204–76, Security Requirements for 

Unclassified Information Technology 

Resources, to reflect the updated 

requirements of NASA Procedural 

Requirements (NPR) 2810, ‘‘Security of 

Information Technology’’. The NPR was 

recently revised to address increasing 

cyber threats and to ensure consistency 

with the Federal Information Security 

Management Act (FISMA), which 

requires agencies to protect information 

and information systems in a manner 

that is commensurate with the 

sensitivity of the information processed, 

transmitted, or stored. 

EFFECTIVE DATE: This final rule is 

effective May 10, 2007. 

FOR FURTHER INFORMATION CONTACT: Ken 

Stepka, Office of Procurement, Analysis 

Division, (202) 358–0492, e-mail: 

ken.stepka@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

NASA published a proposed rule in 

the Federal Register (71 FR 43408–

43410) on August 1, 2006. The sixty day 

comment period expired October 2, 

2006. Four comments were received 

from two respondents. A summary of 

the comments and NASA responses 

follows. 

Comment: The clause is ‘‘* * * not 

appropriate in situations where 

university contractors develop data and 

software to which NASA has access and 

the right to use, but is owned by the 

university under normal FAR and NFS 

provisions for university research 

contracts’’ and should not ‘‘* * * be 

included when the contractor will 

simply be delivering software or data in 

electronic format to the government, 

unless the government will be the sole 

and exclusive owner of such delivered 

software or data * * *. ’’

NASA Response: FISMA requires 

agencies to protect their information 

and information systems used or 

operated by an agency or by a contractor 

of an agency or other organization on 

behalf of an agency. This is a data 

protection, and not an ownership, issue. 


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Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Rules and Regulations 26561 

Accordingly, the NASA clause which 

implements the FISMA requirements 

applies to contracts that require the 

contractor to process, store, or transmit 

NASA data, regardless of whether the 

contractors owns the underlying 

systems or software. Ownership of 

systems or software is not a determining 

factor for clause applicability. We note 

that the NASA clause is only inserted in 

contracts when the conditions specified 

in 1804.470–4 apply. The clause is not 

used in contracts that merely require the 

delivery of contractor-owned software. 

Comment: The industry screening 

standard requirement for university 

personnel is the NACLC (National 

Agency Check + Local Agency Check) 

which does not satisfy the new 

requirement in the clause for an NACI 

(National Agency Check with Inquiries) 

and a new clearance will need to be 

obtained under the latter standard. 

NASA Response: The screening 

requirement is established by Homeland 

Security Presidential Directive (HSPD)–

12 for all Federal agencies, and NASA 

does not have the discretion to revise 

this standard. 

Comment: Paragraph (d) of the 

proposed clause at 1852.204–76 permits 

the contracting officer to grant waivers 

to certain of its requirements, but does 

not provide approval criteria to assist 

the contracting officer review of the 

request. 

NASA Response: Approval of waiver 

requests depends on the individual 

circumstances associated with each 

contract; therefore, a blanket set of 

approval criteria is inappropriate. 

Waiver requests will be reviewed and 

approved as necessary on a case-by-case 

basis. 

Comment: The change of the physical 

security requirement in the proposed 

rule from a National Agency Check to a 

National Agency Check with Inquiries 

creates a concern in that the security 

measures cited pertain to personnel, not 

physical, security controls. 

NASA Response: The cited 

requirement does not pertain to physical 

security controls, but rather physical 

and logical access of personnel into 

NASA facilities. NASA believes that the 

clause is clear on this issue and no 

further change is necessary. 

Although NASA has not made 

changes to the proposed rule as a result 

of public comments, the following 

changes have been made to the clause 

at 1852.204–76. These changes are 

intended to improve the readability and 

clarify specific requirements of the 

clause, and NASA does not believe that 

these changes require publication for 

public comment. NASA is also deleting 

NFS 1804.402 since it contains obsolete 

references. 

1. Paragraph (a) of the clause is 

restructured into two subparagraphs to 

improve readability. 

2. Paragraph (b)(3) is revised to cite 

the specific NIST SP 800–61 standard 

for incident reporting and the U.S. 

Computer Emergency Readiness Team’s 

(US–CERT) Concept of Operations for 

reporting security incidents. 

3. Paragraph (b)(6) is clarified to 

specify which system administrators are 

subject to the NASA System 

Administrator Security Certification 

Program. 

4. Paragraph (b)(7) is moved to a new 

paragraph (b)(8). 

5. Paragraph (b)(7) is clarified to 

specify that sensitive but unclassified 

information is required to be encrypted. 

6. Paragraph (f)(2) is clarified to 

specify closeout procedures related to IT 

resources at the completion or 

expiration of the contract. 

This is not a significant regulatory 

action and, therefore, was 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. 

B. Regulatory Flexibility Act 

This final rule is not expected to have 

a significant economic impact on a 

substantial number of small entities 

with the meaning of the Regulatory 

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

because the rule merely summarizes 

existing Government-wide IT security 

requirements mandated by, and related 

to, FISMA. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 96–511) does not apply because the 

Office of Management and Budget 

(OMB) has determined that the 

proposed changes to the NFS do not 

impose information collection 

requirements that require the approval 

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

List of Subjects in 48 CFR Parts 1804 

and 1852 

Government procurement. 

Sheryl Goddard, 

Acting 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. 2473(c)(1). 

PART 1804—ADMINISTRATIVE 

MATTERS 

1804.402 [Removed] 

■ 2. Section 1804.402 is removed. 

■ 3. Sections 1804.470, 1804.470–1, 

1804.470–2 , 1804.470–3, and 1804.470–

4 are revised to read as follows: 

1804.470 Security requirements for 

unclassified information technology (IT) 

resources. 

1804.470–1 Scope. 

This section implements NASA’s 

acquisition requirements pertaining to 

Federal policies for the security of 

unclassified information and 

information systems. Federal policies 

include the Federal Information System 

Management Act (FISMA) of 2002, 

Homeland Security Presidential 

Directive (HSPD) 12, Clinger-Cohen Act 

of 1996 (40 U.S.C. 1401 et seq.), OMB 

Circular A–130, Management of Federal 

Information Resources, and the National 

Institute of Standards and Technology 

(NIST) security requirements and 

standards. These requirements 

safeguard IT services provided to NASA 

such as the management, operation, 

maintenance, development, and 

administration of hardware, software, 

firmware, computer systems, networks, 

and telecommunications systems. 

1804.470–2 Policy. 

NASA IT security policies and 

procedures for unclassified information 

and IT are prescribed in NASA Policy 

Directive (NPD) 2810, Security of 

Information Technology; NASA 

Procedural Requirements (NPR) 2810, 

Security of Information Technology; and 

interim policy updates in the form of 

NASA Information Technology 

Requirements (NITR). IT services must 

be performed in accordance with these 

policies and procedures. 

1804.470–3 IT Security requirements. 

These IT security requirements cover 

all NASA contracts 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 where a contractor or 

subcontractor must obtain physical or 

electronic (i.e., authentication level 2 

and above as defined in NIST Special 

Publication 800–63, Electronic 

Authentication Guideline) access to 

NASA’s computer systems, networks, or 

IT infrastructure. These requirements 

are also applicable in cases where 

information categorized as low, 


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26562 Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Rules and Regulations 

moderate, or high by the Federal 

Information Processing Standards (FIPS) 

199, Standards for Security 

Categorization of Federal Information 

and Information Systems, is stored, 

generated, processed, or exchanged by 

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. 

1804.470–4 Contract clause. 

(a) Insert the clause at 1852.204–76, 

Security Requirements for Unclassified 

Information Technology Resources, in 

all solicitations and contracts 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) Paragraph (d) of the clause allows 

contracting officers to waive the 

requirements of paragraphs (b) and 

(c)(1) through (3) of the clause. 

Contracting officers must obtain the 

approval of the—

(1) Center IT Security Manager before 

granting any waivers to paragraph (b) of 

the clause; and 

(2) The Center Chief of Security before 

granting any waivers to paragraphs 

(c)(1) through (3) of the clause. 

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 (MAY 

2007) 

(a) The Contractor shall be responsible for 

information and information technology (IT) 

security when—

(1) The Contractor or its subcontractors 

must obtain physical or electronic (i.e., 

authentication level 2 and above as defined 

in National Institute of Standards and 

Technology (NIST) Special Publication (SP) 

800–63, Electronic Authentication Guideline) 

access to NASA’s computer systems, 

networks, or IT infrastructure; or 

(2) Information categorized as low, 

moderate, or high by the Federal Information 

Processing Standards (FIPS) 199, Standards 

for Security Categorization of Federal 

Information and Information Systems is 

stored, generated, processed, or exchanged by 

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) IT Security Requirements. 

(1) Within 30 days after contract award, a 

Contractor shall submit to the Contracting 

Officer for NASA approval an IT Security 

Plan, Risk Assessment, and FIPS 199, 

Standards for Security Categorization of 

Federal Information and Information 

Systems, Assessment. These plans and 

assessments, including annual updates shall 

be incorporated into the contract as 

compliance documents. 

(i) The IT system security plan shall be 

prepared consistent, in form and content, 

with NIST SP 800–18, Guide for Developing 

Security Plans for Federal Information 

Systems, and any additions/augmentations 

described in NASA Procedural Requirements 

(NPR) 2810, Security of Information 

Technology. The security plan shall identify 

and document appropriate IT security 

controls consistent with the sensitivity of the 

information and the requirements of Federal 

Information Processing Standards (FIPS) 200, 

Recommended Security Controls for Federal 

Information Systems. The plan shall be 

reviewed and updated in accordance with 

NIST SP 800–26, Security Self-Assessment 

Guide for Information Technology Systems, 

and FIPS 200, on a yearly basis. 

(ii) The risk assessment shall be prepared 

consistent, in form and content, with NIST 

SP 800–30, Risk Management Guide for 

Information Technology Systems, and any 

additions/augmentations described in NPR 

2810. The risk assessment shall be updated 

on a yearly basis. 

(iii) The FIPS 199 assessment shall identify 

all information types as well as the ‘‘high 

water mark,’’ as defined in FIPS 199, of the 

processed, stored, or transmitted information 

necessary to fulfill the contractual 

requirements. 

(2) The Contractor shall produce 

contingency plans consistent, in form and 

content, with NIST SP 800–34, Contingency 

Planning Guide for Information Technology 

Systems, and any additions/augmentations 

described in NPR 2810. The Contractor shall 

perform yearly ‘‘Classroom Exercises.’’

‘‘Functional Exercises,’’ shall be coordinated 

with the Center CIOs and be conducted once 

every three years, with the first conducted 

within the first two years of contract award. 

These exercises are defined and described in 

NIST SP 800–34. 

(3) The Contractor shall ensure 

coordination of its incident response team 

with the NASA Incident Response Center 

(NASIRC) and the NASA Security Operations 

Center, ensuring that incidents are reported 

consistent with NIST SP 800–61, Computer 

Security Incident Reporting Guide, and the 

United States Computer Emergency 

Readiness Team’s (US–CERT) Concept of 

Operations for reporting security incidents. 

Specifically, any confirmed incident of a 

system containing NASA data or controlling 

NASA assets shall be reported to NASIRC 

within one hour that results in unauthorized 

access, loss or modification of NASA data, or 

denial of service affecting the availability of 

NASA data. 

(4) The Contractor shall ensure that its 

employees, in performance of the contract, 

receive annual IT security training in NASA 

IT Security policies, procedures, computer 

ethics, and best practices in accordance with 

NPR 2810 requirements. The Contractor may 

use Web-based training available from NASA 

to meet this requirement. 

(5) The Contractor shall provide NASA, 

including the NASA Office of Inspector 

General, 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 IT security 

inspection, investigation, and/or audits to 

safeguard against threats and hazards to the 

integrity, availability, and confidentiality of 

NASA information or to the function of 

computer systems operated on behalf of 

NASA, and to preserve evidence of computer 

crime. To facilitate mandatory reviews, the 

Contractor shall ensure appropriate 

compartmentalization of NASA information, 

stored and/or processed, either by 

information systems in direct support of the 

contract or that are incidental to the contract. 

(6) The Contractor shall ensure that system 

administrators who perform tasks that have 

a material impact on IT security and 

operations demonstrate knowledge 

appropriate to those tasks. Knowledge is 

demonstrated through the NASA System 

Administrator Security Certification Program. 

A system administrator is one who provides 

IT services (including network services, file 

storage, and/or web services) to someone 

other than themselves and takes or assumes 

the responsibility for the security and 

administrative controls of that service. 

Within 30 days after contract award, the 

Contractor shall provide to the Contracting 

Officer a list of all system administrator 

positions and personnel filling those 

positions, along with a schedule that ensures 

certification of all personnel within 90 days 

after contract award. Additionally, the 

Contractor should report all personnel 

changes which impact system administrator 

positions within 5 days of the personnel 

change and ensure these individuals obtain 

System Administrator certification within 90 

days after the change. 

(7) The Contractor shall ensure that 

NASA’s Sensitive But Unclassified (SBU) 

information as defined in NPR 1600.1, NASA 

Security Program Procedural Requirements, 

which includes privacy information, is 

encrypted in storage and transmission. 

(8) When the Contractor is located at a 

NASA Center or installation or is using 

NASA IP address space, the Contractor 

shall—

(i) Submit requests for non-NASA provided 

external Internet connections to the 

Contracting Officer for approval by the 

Network Security Configuration Control 

Board (NSCCB); 

(ii) Comply with the NASA CIO metrics 

including patch management, operating 

systems and application configuration 

guidelines, vulnerability scanning, incident 


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reporting, system administrator certification, 

and security training; and 

(iii) Utilize the NASA Public Key 

Infrastructure (PKI) for all encrypted 

communication or non-repudiation 

requirements within NASA when secure 

email capability is required. 

(c) Physical and Logical Access 

Requirements. 

(1) Contractor personnel requiring access to 

IT systems operated by the Contractor for 

NASA or interconnected to a NASA network 

shall be screened at an appropriate level in 

accordance with NPR 2810 and Chapter 4, 

NPR 1600.1, NASA Security Program 

Procedural Requirements. NASA shall 

provide screening, appropriate to the highest 

risk level, of the IT systems and information 

accessed, using, as a minimum, National 

Agency Check with Inquiries (NACI). The 

Contractor shall submit the required forms to 

the NASA Center Chief of Security (CCS) 

within fourteen (14) days after contract 

award or assignment of an individual to a 

position requiring screening. The forms may 

be obtained from the CCS. At the option of 

NASA, interim access may be granted 

pending completion of the required 

investigation and final access determination. 

For Contractors who will reside on a NASA 

Center or installation, the security screening 

required for all required access (e.g., 

installation, facility, IT, information, etc.) is 

consolidated to ensure only one investigation 

is conducted based on the highest risk level. 

Contractors not residing on a NASA 

installation will be screened based on their 

IT access risk level determination only. See 

NPR 1600.1, Chapter 4. 

(2) Guidance for selecting the appropriate 

level of screening is based on the risk of 

adverse impact to NASA missions. NASA 

defines three levels of risk for which 

screening is required (IT–1 has the highest 

level of risk). 

(i) IT–1—Individuals having privileged 

access or limited privileged access to systems 

whose misuse can cause very serious adverse 

impact to NASA missions. These systems 

include, for example, those that can transmit 

commands directly modifying the behavior of 

spacecraft, satellites or aircraft. 

(ii) IT–2—Individuals having privileged 

access or limited privileged access to systems 

whose misuse can cause serious adverse 

impact to NASA missions. These systems 

include, for example, those that can transmit 

commands directly modifying the behavior of 

payloads on spacecraft, satellites or aircraft; 

and those that contain the primary copy of 

‘‘level 1’’ information whose cost to replace 

exceeds one million dollars. 

(iii) IT–3—Individuals having privileged 

access or limited privileged access to systems 

whose misuse can cause significant adverse 

impact to NASA missions. These systems 

include, for example, those that interconnect 

with a NASA network in a way that exceeds 

access by the general public, such as 

bypassing firewalls; and systems operated by 

the Contractor for NASA whose function or 

information has substantial cost to replace, 

even if these systems are not interconnected 

with a NASA network. 

(3) Screening for individuals shall employ 

forms appropriate for the level of risk as 

established in Chapter 4, NPR 1600.1. 

(4) The Contractor may conduct its own 

screening of individuals requiring privileged 

access or limited privileged access provided 

the Contractor can demonstrate to the 

Contracting Officer that the procedures used 

by the Contractor are equivalent to NASA’s 

personnel screening procedures for the risk 

level assigned for the IT position. 

(5) Subject to approval of the Contracting 

Officer, the Contractor may forgo screening of 

Contractor personnel for those individuals 

who have proof of a—

(i) Current or recent national security 

clearances (within last three years); 

(ii) Screening conducted by NASA within 

the last three years that meets or exceeds the 

screening requirements of the IT position; or 

(iii) Screening conducted by the 

Contractor, within the last three years, that is 

equivalent to the NASA personnel screening 

procedures as approved by the Contracting 

Officer and concurred on by the CCS. 

(d) The Contracting Officer may waive the 

requirements of paragraphs (b) and (c)(1) 

through (c)(3) upon request of the Contractor. 

The Contractor shall provide all relevant 

information requested by the Contracting 

Officer to support the waiver request. 

(e) The Contractor shall contact the 

Contracting Officer for any documents, 

information, or forms necessary to comply 

with the requirements of this clause. 

(f) 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 and 

certify that all NASA information has been 

purged from contractor-owned systems used 

in the performance of the contract. 

(g) The Contractor shall insert this clause, 

including this paragraph (g), in all 

subcontracts: 

(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. 

(End of clause) 

[FR Doc. E7–9057 Filed 5–9–07; 8:45 am] 

BILLING CODE 7510–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070321063–7098–02; I.D. 

031607E] 

RIN 0648–AV22 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; 2007 Georges 

Bank Cod Fixed Gear Sector 

Operations Plan and Agreement and 

Allocation of Georges Bank Cod Total 

Allowable Catch 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS announces approval of 

an Operations Plan and Sector Contract 

for the Georges Bank (GB) Cod Fixed 

Gear Sector (Fixed Gear Sector) entitled: 

‘‘GB Cod Fixed Gear Sector Operations 

Plan and Agreement’’ (together referred 

to as the Sector Operations Plan), and 

the associated allocation of GB cod for 

fishing year (FY) 2007. The intent of this 

action is to allow regulated harvest of 

Northeast (NE) multispecies by the 

Fixed Gear Sector, consistent with the 

Operations Plan and objectives of the 

NE Multispecies Fishery Management 

Plan (FMP). 

DATES: Effective May 4, 2007, through 

April 30, 2008. 

ADDRESSES: Copies of the Fixed Gear 

Sector Operations Plan and the 

Environmental Assessment (EA) are 

available upon request from the NE 

Regional Office at the following mailing 

address: George H. Darcy, Assistant 

Regional Administrator for Sustainable 

Fisheries, NMFS, Northeast Regional 

Office, 1 Blackburn Drive, Gloucester, 

MA 01930. These documents may also 

be requested by calling (978) 281–9315. 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Management 

Specialist, phone (978) 281–9145, fax 

(978) 281–9135, e-mail 

Mark.Grant@NOAA.gov. 

SUPPLEMENTARY INFORMATION: 

Framework Adjustment (FW) 42 (71 FR 

62156, October 23, 2006) authorized the 

Fixed Gear Sector and authorized the 

Regional Administrator to allocate a GB 

cod total allowable catch (TAC) to the 

Fixed Gear Sector and exempt members 

from FMP restrictions on an annual 


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