63062 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Proposed Rules

(i) Clearly identify the amounts and

items that are in question at the time of

negotiation;

(ii) Indicate a specific time or

subsequent event by which the

contractor will submit a supplemental

proposal, including cost or pricing data,

identifying the cost impact adjustment

necessitated by the deficient estimating

system;

(iii) Provide for the contracting officer

to unilaterally adjust the contract price

if the contractor fails to submit the

supplemental proposal; and

(iv) Provide that failure of the

Government and the contractor to agree

to the price adjustment shall be a

dispute under the Disputes clause.

215.408 Solicitation provisions and

contract clauses.

(1) Use the clause at 252.215–7000,

Pricing Adjustments, in solicitations

and contracts that contain the clause

at—

(i) FAR 52.215–11, Price Reduction

for Defective Cost or Pricing DataModifications;

(ii) FAR 52.215–12, Subcontractor

Cost or Pricing Data; or

(iii) FAR 52.215–13, Subcontractor

Cost or Pricing Data—Modifications.

(2) Use the clause at 252.215–7002,

Cost Estimating System Requirements,

in all solicitations and contracts to be

awarded on the basis of cost or pricing

data.

215.470 Estimated data prices.

(a) The Department of Defense

requires estimates of the prices of data

in order to evaluate the cost to the

Government of data items in terms of

their management, product, or

engineering value.

(b) When data are required to be

delivered under a contract, the

solicitation will include DD Form 1423,

Contract Data Requirements List. The

form and the provision included in the

solicitation request the offeror to state

what portion of the total price is

estimated to be attributable to the

production or development of the listed

data for the Government (not to the sale

of rights in the data). However, offerors’

estimated prices may not reflect all such

costs; and different offerors may reflect

these costs in a different manner, for the

following reasons:

(1) Differences in business practices

in competitive situations;

(2) Differences in accounting systems

among offerors;

(3) Use of factors or rates on some

portions of the data;

(4) Application of common effort to

two or more data items; and

(5) Differences in data preparation

methods among offerors.

(c) Data price estimates should not be

used for contract pricing purposes

without further analysis.

(d) The contracting officer shall

ensure that the contract does not

include a requirement for data that the

contractor has delivered or is obligated

to deliver to the Government under

another contract or subcontract, and that

the successful offeror identifies any

such data required by the solicitation.

However, where duplicate data are

desired, the contract price shall include

the costs of duplication, but not of

preparation, of such data.

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

3. Section 252.215–7000 is amended

by revising the introductory text to read

as follows:

252.215–7000 Pricing Adjustments.

As prescribed in 215.408(1), use the

following clause:

* * * * *

4. Section 252.215–7002 is amended

by revising the introductory text to read

as follows:

252.215–7002 Cost Estimating System

Requirements.

As prescribed in 215.408(2), use the

following clause:

* * * * *

5. Section 252.243–7000 is amended

by revising the clause date and

paragraph (c)(1) to read as follows:

252.243–7000 Engineering Change

Proposals.

* * * * *

Engineering Change Proposals (XXX

19XX)

* * * * *

(c) * * *

(1) A completed contract pricing

proposal; and

* * * * *

[FR Doc. 97–31109 Filed 11–25–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE47

Endangered and Threatened Wildlife

and Plants; Proposed Rule To

Establish an Additional Manatee

Sanctuary in Kings Bay, Crystal River,

FL

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The Service proposes to

establish an additional West Indian

manatee (Trichecus manatus) sanctuary

in Citrus County, Florida, adjacent to

Kings Bay/Crystal River at the

confluence of the Three Sisters Spring

run with a residential canal. All

waterborne activities in the sanctuary

would be prohibited from November 15

through March 31 of each year. The

proposed action would help prevent the

taking of manatees by harassment

resulting from waterborne activities

during the winter months. The number

of sanctuaries in Kings Bay would be

increased to seven to accommodate the

increase in the number of manatees

using the area each winter and to offset

harassment from increasing public use.

Due to insufficient time to complete

preparations for establishing a

permanent sanctuary before cold

weather arrives, an emergency rule is

published elsewhere in today’s Federal

Register to provide the manatee with

immediate protection for a period of 120

days. This action is proposed under the

authority of the Endangered Species Act

of 1973, as amended, and the Marine

Mammal Protection Act of 1972, as

amended.

DATES: Comments from all interested

parties must be received by January 26,

1998. If requested, a public hearing will

be held for the purpose of receiving

comments on the permanent

establishment of an additional manatee

sanctuary at Kings Bay, Crystal River,

Florida.

ADDRESSES: Written comments and

materials should be sent to Manatee

Coordinator, U.S. Fish and Wildlife

Service, 6620 Southpoint Drive South,

Suite 310, Jacksonville, Florida 32216–

0912.

FOR FURTHER INFORMATION CONTACT:

Robert O. Turner at the above address,

(904/232–2580 ext.117); or Vance

Eaddy, Senior Resident Agent, U.S. Fish

and Wildlife Service, 9721 Executive

Center Drive, Suite 206, St. Petersburg,

Florida 33702, (813/570–5398)
Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Proposed Rules 63063

SUPPLEMENTARY INFORMATION:

Background

Crystal River is a tidal river on the

west coast of Florida. Forming the

headwaters of Crystal River is Kings

Bay, a lake-like body of water fed by

numerous freshwater springs. The Kings

Bay springs constitute one of the most

important natural warm-water refuges

for manatees, a federally listed

endangered species. More than 250

animals may seek refuge in the bay’s

warm waters during winter cold

periods. With the winter presence of

manatees and its sheltered, warm and

clear waters, Kings Bay also attracts

large numbers of waterborne users

(boaters, recreational divers, snorkelers,

and swimmers) most of whom seek out

manatees for a close viewing

experience. The influx of visitors,

primarily there to see and interact with

manatees, provides a major economic

impact to the Crystal River community.

Large aggregations of manatees

apparently did not exist in Kings Bay

until recent times (Beeler and O’Shea

1988). The first careful counts were

made in the late 1960’s. Since then

manatee numbers have increased

significantly. In 1967–1968 Hartman

(1979) counted 38 animals. By 1981–

1982, the maximum winter count

increased to 114 animals (Powell and

Rathbun 1984), and in December 1994

the count was 271 (U.S. Fish and

Wildlife Service, unpublished data).

Both births and immigration of animals

from other areas have contributed to the

increases in manatee numbers at Crystal

River.

The Second Revision of the Florida

Manatee Recovery Plan (U.S. Fish and

Wildlife Service 1995) identifies the

need to minimize disturbance and

harassment of manatees in the wild.

This concern for the welfare of manatees

in Kings Bay has resulted in the

establishment of a series of sanctuary

areas to protect manatees from any

potential negative impacts of human

activities. The first three sanctuaries

were created in 1980, encompassing a

total of about 10 acres in Kings Bay.

These were closed to all human access

each winter from November 15 to March

31 and provided manatees with areas

where they could retreat from

waterborne users. To better administer

and protect the bay’s manatee habitat,

the Service purchased several islands

associated with the sanctuaries in 1983

and established the Crystal River

National Wildlife Refuge. During the

1980’s, the number of manatees and

divers increased steadily, resulting in

the need for additional manatee

sanctuaries. In 1994, the Service

established three additional sanctuaries

and expanded an existing sanctuary.

The six sanctuaries now encompass

approximately 39 acres within Kings

Bay.

The Kings Bay manatee sanctuary

system provides significant protection

to the more than 250 manatees that use

this area as a winter warm-water refuge.

With the increasing number of manatees

using Kings Bay and an increasing

number of recreational divers and

snorkelers coming to Crystal River to

seek close encounters with manatees,

another problem area outside the

existing sanctuary system has been

identified.

Since the establishment of the three

most recent sanctuaries, reports of

waterborne users harassing manatees

and causing manatees to leave the Three

Sisters Spring run area has been

documented by researchers, refuge staff

and concerned citizens. The Save the

Manatee Club and the Marine Mammal

Commission have urged the Service to

act to protect manatees utilizing the

Three Sisters Spring run area. Dive shop

operators have acknowledged that there

is a manatee harassment problem in the

area of the proposed sanctuary.

Prior to last winter, the Service and

local interest groups met separately with

local dive shop owners to discuss the

harassment issue and the feasibility of

establishing a new sanctuary. There was

a consensus that a sanctuary was

needed and that it would be more

effective if it was developed through a

local city or county ordinance.

Representatives of each of the local dive

shops wrote letters recognizing the need

for a small sanctuary near Three Sisters

Spring and recommended that the

regulations be promulgated locally.

Local efforts have been made to address

the problem and the Service will

continue to encourage local officials to

create a permanent refuge. However, in

conjunction with the emergency rule

published elsewhere in today’s Federal

Register, regulations at 50 CFR 17.106(e)

require the Service to also commence

with the establishment of the sanctuary

through publication of a proposed rule.

The Service funded a manatee and

human interaction study at Three

Sisters Spring (January 23–February 17,

1997) which confirmed that harassment

was occurring and documented

instances in which manatees left the

warm waters at the confluence of the

spring run and the residential canal

when divers, snorkelers and/or

swimmers arrived (Wooding, 1997). The

Service is concerned that these animals

may be leaving earlier than if they were

left undisturbed.

Reasons for Determination

Refer to the emergency rule published

elsewhere in today’s Federal Register.

National Environmental Policy Act

The Service has determined this

action qualifies as a categorical

exclusion in accordance with 516 DM 2,

Appendix 1 and 516 DM 5, Appendix 1.

No further National Environmental

Policy Act documentation will therefore

be made.

Required Determinations

This proposed rule was not subject to

Office of Management and Budget

review under Executive Order 12866.

The rule will not have a significant

economic effect on a substantial number

of small entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

The previous establishment of

sanctuaries in Kings Bay, Crystal River,

did not result in a significant economic

impact. Thus it is not expected that any

significant impacts would result from

the establishment of a sanctuary (less

than one quarter acre in size) at the

Three Sisters Spring. Also, no direct

costs, enforcement costs, information

collection, or record-keeping

requirements are imposed on small

entities by this action and the rule

contains no information collection

requirements under the Paperwork

Reduction Act of 1995. This rule does

not require a Federalism assessment

under Executive Order 12612 because it

would not have any significant

federalism effects as described in the

order.

References Cited

Refer to the emergency rule published

elsewhere in today’s Federal Register.

Author: The primary author of this

proposed rule is Robert O. Turner,

Manatee Coordinator (see ADDRESSES

section).

Authority

The authority to establish manatee

protection areas is provided by the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531 et seq.), and

the Marine Mammal Protection Act of

1972 (16 U.S.C. 1361–1407), as

amended.

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Regulation Promulgation

Accordingly, the Service proposes to

amend part 17, subchapter B of chapter
63064 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Proposed Rules

I, title 50 of the Code of Federal

Regulations, as follows:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C.

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted.

2. Amend section 17.108 by adding

paragraph (a)(7) to read as follows:

§ 17.108 List of designated manatee

protection areas.

(a) * * *

(7) A tract of submerged land on the west

side of the confluence of Three Sisters Spring

run and the residential canal off the eastern

shore of Kings Bay, Crystal River, lying in the

northeast corner of Section 28, Township 18,

South Range 17 East in Citrus County,

Florida; containing less than one quarter

acre.

* * * * *

Dated: November 20, 1997.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 97–31108 Filed 11–21–97; 3:41 pm]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 971107264–7264–01; I.D.

102297A]

RIN 0648–AK47

Fisheries of the Northeastern United

States; Atlantic Mackerel, Squid, and

Butterfish Fisheries; 1998

Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule and proposed

1998 initial specifications; request for

comments.

SUMMARY: NMFS proposes initial

specifications for the 1998 fishing year

for Atlantic mackerel, Loligo and Illex

squids, and butterfish (MSB). In

addition, NMFS proposes to amend the

minimum net mesh size requirement for

Loligo squid to make it applicable only

to the cod end of the net. The intent of

this change is to reduce the frequency

that nets need to be replaced with a

resultant cost savings to the fishery.

Regulations governing these fisheries

require NMFS to publish specifications

for the upcoming fishing year and

provide an opportunity for the public to

comment.

DATES: Public comments must be

received on or before December 26,

1997.

ADDRESSES: Copies of the Mid-Atlantic

Fishery Management Council’s quota

paper and recommendations, the

Environmental Assessment, and

Regulatory Impact Review, including

analysis of impacts under the

Regulatory Flexibility Act, are available

from David R. Keifer, Executive

Director, Mid-Atlantic Fishery

Management Council, Room 2115,

Federal Building, 300 South New Street,

Dover, DE 19901.

Comments should be sent to Andrew

A. Rosenberg, Ph.D., Regional

Administrator, Northeast Region,

NMFS, 1 Blackburn Drive, Gloucester,

MA 01930. Please mark the envelope

‘‘Comments—1998 MSB specifications.’’

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, (978) 281–9104.

SUPPLEMENTARY INFORMATION:

Regulations implementing the Fishery

Management Plan for Atlantic Mackerel,

Squid, and Butterfish Fisheries (FMP)

prepared by the Mid-Atlantic Fishery

Management Council (Council) appear

at 50 CFR part 648. These regulations

require NMFS to publish a proposed

rule specifying the initial annual

amounts of the initial optimum yield

(IOY) as well as the amounts for

allowable biological catch (ABC),

domestic annual harvest (DAH),

domestic annual processing (DAP), joint

venture processing (JVP), and total

allowable levels of foreign fishing

(TALFF) for the species managed under

the FMP. No reserves are permitted

under the FMP for any of these species.

In addition to commercial quotas, the

Council, in consultation with its Squid,

Mackerel, and Butterfish Technical

Monitoring Committee, may recommend

revisions to the amount of Loligo and

Illex squids and butterfish that may be

retained, possessed, and landed by

vessels issued the incidental catch

permit; commercial minimum fish sizes;

commercial trip limits; commercial

seasonal quotas/closures for Loligo or

Illex squid; minimum mesh sizes;

commercial gear restrictions;

recreational harvest limit; recreational

minimum fish size; and recreational

possession limits.

The following table contains the

proposed initial specifications for the

1998 Atlantic mackerel, Loligo and Illex

squids, and butterfish fisheries as

recommended by the Council:

PRELIMINARY INITIAL ANNUAL SPECIFICATIONS FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR THE FISHING YEAR

JANUARY 1 THROUGH DECEMBER 31, 1998

[Metric ton (mt)]

Specifications

Squid

Atlantic Mackerel Butterfish

Loligo Illex

Max OY ..................................................................................... 126,000 124,000 2 N/A 316,000

ABC .......................................................................................... 21,000 19,000 382,000 7,200

IOY ............................................................................................ 21,000 19,000 4 80,000 5,900

DAH .......................................................................................... 21,000 19,000 5 80,000 5,900

DAP .......................................................................................... 21,000 19,000 50,000 5,900

JVP ........................................................................................... 0 0 15,000 0

TALFF ....................................................................................... 0 0 0 0

1 Maximum optimum yield (Max OY) corresponds to a level of fishing beyond which overfishing occurs for Loligo and Illex. 2 Max OY is not applicable for Atlantic mackerel.

3 Max OY is specified as a catch level that would result from Fmsy for butterfish. 4 IOY for Atlantic mackerel may be increased during the year, but the total will not exceed 382,000 mt.

5 Includes 15,000 mt of Atlantic mackerel recreational allocation.